Reforming the concept of juvenile criminal liability: Forms of juvenile justice in Indonesia

Abstract

The purpose of this research is to analyze the form of juvenile justice in order to reform the concept of juvenile criminal liability. The research method used in the analysis is normative juridical with the approach of applicable laws and regulations. The results of this study. Restorative justice is the resolution of criminal cases through cooperation between perpetrators, victims, families of perpetrators/victims, and other related parties in an effort to achieve only resolutions that emphasize restoration to the original state rather than retaliation. Both inside and outside the courtroom, restorative justice can be used. Thus, the principle of restorative justice in children's criminal responsibility becomes a dilemma when the criminal act committed by the child is not a minor crime because, in fact, the concept of restorative justice applies to minor crimes. This research uses a normative juridical method to analyze whether the concept of restorative justice can be applied to all criminal acts of children. Along with the development of the legal phenomenon that children can not only commit minor crimes, then without ignoring child protection, the principle of restorative justice, and human rights, the regulation of child punishment for certain criminal offenses must consider criminal law as an ultimatum medium.