Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia

Research Article

Implementation Of Restorative Justice Against Criminal Action By Children With 7 (Seven) Years Or More Criminal Threat Striving For The Best Interest Of The Child

Download205 downloads
  • @INPROCEEDINGS{10.4108/eai.28-10-2022.2326404,
        author={Wikan Sinatrio  Aji},
        title={Implementation Of Restorative Justice Against Criminal Action By Children With 7 (Seven) Years Or More Criminal Threat Striving For The Best Interest Of The Child},
        proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSE},
        year={2023},
        month={1},
        keywords={restorative justice child crime criminal threat of 7 years or more},
        doi={10.4108/eai.28-10-2022.2326404}
    }
    
  • Wikan Sinatrio Aji
    Year: 2023
    Implementation Of Restorative Justice Against Criminal Action By Children With 7 (Seven) Years Or More Criminal Threat Striving For The Best Interest Of The Child
    ICLSSE
    EAI
    DOI: 10.4108/eai.28-10-2022.2326404
Wikan Sinatrio Aji1,*
  • 1: Student of Doctoral Program, Jenderal Soedirman University, Indonesia
*Contact email: wikansinatrio@gmail.com

Abstract

Children must be provided with guidance and control during their development by their relatives, especially parents. In addition, whenever the children are involved in a crime, any training or coaching must be contemplated to take them back to a good environment suitable for their age. The orientation should be on coaching (restorative), not punishing children. Therefore, the purpose of this research is to determine whether the concept of Restorative Justice can tackle criminal acts by children who have threatened seven-year imprisonment and pay less attention to the child's best interest. The research was conducted using normative juridical research methods, so it can be concluded that the concept of Restorative Justice can be a settlement for children who conflict with the law, especially those who have threatened seven-year imprisonment or more; since Restorative Justice is potentially able to fight for children's rights fundamentally. The application of the diversion process with Restorative Justice is known as the mediation process, negotiations between perpetrators of crimes, victims, families of perpetrators and/or victims, communities, and law enforcers to find the best solution for the problems of children as perpetrators of crime.