The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

Public Participation Model in The Juvenile Criminal Justice System in Indonesia

Download308 downloads
  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289464,
        author={Pujiyono  Pujiyono and Nur  Rochaeti and Lita Tyesta ALW},
        title={Public Participation Model  in The Juvenile Criminal Justice System in Indonesia},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={public participation model the juvenile criminal justice system},
        doi={10.4108/eai.10-9-2019.2289464}
    }
    
  • Pujiyono Pujiyono
    Nur Rochaeti
    Lita Tyesta ALW
    Year: 2019
    Public Participation Model in The Juvenile Criminal Justice System in Indonesia
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289464
Pujiyono Pujiyono1,*, Nur Rochaeti1, Lita Tyesta ALW1
  • 1: Faculty of Law, Diponegoro University, Semarang, Indonesia
*Contact email: pujifhundip@yahoo.com

Abstract

Diversion mechanism and restorative justice are inherent in the juvenile justice system in an effort of the protection to children in conflict with the law. Restorative approaches have long been practiced in the resolution of a criminal case (child) in Indonesia without involving the agents of the State. The study aimed to uncover and discover the practices of public participation and to build a model of public participation in the juvenile criminal justice system so that children are prevented from judicial formalism process that has negative impacts. The research results show that restorative case resolution model is part of the value of public togetherness and responsibility against criminal acts (especially children) as a manifestation of public failure in educating the offenders. The resolution by promoting deliberation, repairing the damage, fostering a sense of guilt and sense of responsibility of the offenders and the community are the parts of life, which are instinctively used in any resolution of criminal cases. Such practices have no place in the judicial process; thus, when a case has been resolved in a community by positive law, the judicial process is still conducted. The integrative model enables a public resolution to be an integral part of the implementation of the juvenile justice system as a form of out of court settlement which has legal certainty and power.