Research Article
Applying the Principle of the Best Interests of the Child: A Lesson Learned from Establishing Diversion and Restorative Justice Task Force in North Sumatera Province
@INPROCEEDINGS{10.4108/eai.26-1-2019.2283209, author={Rosmalinda Rosmalinda and N N Sirait and Suhaidi Suhaidi and E Ikhsan}, title={Applying the Principle of the Best Interests of the Child: A Lesson Learned from Establishing Diversion and Restorative Justice Task Force in North Sumatera Province}, proceedings={The 1st Workshop on Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification in conjunction with COMDEV 2018, Medan Indonesia, 26th January 2019, WOMELA-GG}, publisher={EAI}, proceedings_a={WOMELA-GG}, year={2019}, month={4}, keywords={akh justice child}, doi={10.4108/eai.26-1-2019.2283209} }- Rosmalinda Rosmalinda
N N Sirait
Suhaidi Suhaidi
E Ikhsan
Year: 2019
Applying the Principle of the Best Interests of the Child: A Lesson Learned from Establishing Diversion and Restorative Justice Task Force in North Sumatera Province
WOMELA-GG
EAI
DOI: 10.4108/eai.26-1-2019.2283209
Abstract
Article 3 Paragraph 1 of convention on the rights of the child (CRC) states that this principle should become the primary consideration of the judiciary in taking action concerning the rights of Anak yang Berkonflik dengan Hukum/AKH (the children in conflict with the law). This paper was based on an evaluation research conducted by using a normative and field study. Two diversion and restorative justice task forces in Medan and Deli Serdang Regency were involved in an in-depth interview and a focus group discussion. As a result, the study concludes that; (a) the presence of diversion and restorative justice task forces is important in applying the best interests of the child principle including for AKH; (b) the two task forces use Sistem Pidana Perlindungan Anak/SPPA (juvenile justice system) as a reference in conducting diversion and restorative justice to implement the principle of the best interests of the child for AKH. As a recommendation, the task force team needs to enhance their capacity and coordination in conducting diversion and restorative justice to afford the best interests of the child especially the AKH