Implementation of the concept of justice restoration (Restorative Justice) as part of child protection conflict with the law in Indonesia

Justice is a condition in which every person can exercise the rights and obligations in a rational , responsible and rewarding . If justice is associated with the protection of children , it can be said among other things that there should be justice there is also a good child protection . Children are the future generation , therefore every child should be protected in order to exercise the rights and obligations in a rational , responsible and rewarding .

      The definition of rational is sensible , reasonable in terms of positive and negative . Responsible means can be justified horizontally and vertically to its neighbor to the Almighty God , accountable to others and yourself . While beneficial means it can be useful to other people , society , nation and country as well as yourself .

      While in the eyes of the law of justice is the core or essence of the law . Justice not only be formulated mathematically , that is said to be fair is if someone gets the same piece with the others. Similarly, justice is not enough to be interpreted as a symbol - a symbol rate as stated in the Criminal Code , because true justice there is behind something that looks behind the numbers , terumus philosophically by law officers .

      In the legal system anywhere in the world , justice is always the object of the hunt , especially through the agency proceedings. Justice is a fundamental to the workings of the legal system . The legal system is actually a structure or completeness to achieve the concept of justice that has been agreed .

              Every society develops its own mechanism to control the behavior of its members who perform or that are considered deviant behavior . Especially when the deviation is considered intentional , unacceptable and cause serious harm ( such as the emergence of the victim or costs in a broad sense ) , there was the concept of punishment (punishment ) .
At first , the paradigm of retributive punishment and be done with an immediate reaction to the acts committed by a person or group of people . Retributive paradigm is seen in the spirit of reward in kind relating to or effects of deeds and deeds that have been done .

 Punishment paradigm recently emerged with vigor so that people do not commit acts that threatened . In other words , the judgment made ​​by semangkat ward ( deterrence ) . The development of an understanding of usability punishment as an instrument in order to change the method behavior seen through the emergence of rehabilitative paradigm .

   Paradigm is to see that someone who violates or breaches of the rules are basically the damaged , diseased , shortcomings, problems or have an inability to perform the behavior. Therefore , through the judgment upon it , the person is going to be fixed or cured of its shortcomings . Along with the paradigm change , the forms of punishment were developed , varied and , more humane .

      Restorative Justice ( Justice Recovery ) is a concept that emphasizes the recovery of criminal loss suffered by victims and perpetrators , rather than a prison sentence for the perpetrator . Perpetrators or victims seek settlement of the offenses that occurred with recovery of the original state forward and not vengeance .

      Similarly, the diversion principle Solving crimes by children who are not always brought to the formal criminal process , but using methods settlement out of court with based on the principle of the family .

      Basically there are many definitions of Restorative Justice . However, based on the results of empirical studies that have been done by experts , there is still much debate about the ideal form of restorative justice as a forum for mediation between victims and offenders who emphasize the importance of the other victims .

      The definition of Restorative Justice are :
a. ABH handling not through a formal legal process but implemented through community -based meetings .
b . A process in which all interested parties to meet together for a specific offense collectively resolve a result of the offense for the sake of the future .

              The parties involved in the Restorative Justice is a family of actors and perpetrators , victims and their families , community leaders and fasilitator.Sedangkan purpose of Restorative Justice is to bring together the victim , offender and community in a meeting and find a way out of the settlement and recovery of losses that have been occur . Restorative justice has expanded globally throughout the world . In many countries restorative justice into one of a number of critical approaches in crime and justice are constantly - constantly considered in the judicial system and the law - laws . Restorative justice offers the best solution in solving child crimes by giving primacy to the core issues of a crime

         Restorative Justice concept of due process is also based on the model of the workings of the criminal justice system , which greatly respect the legal rights of any suspects as :
a. Rights for suspected and diperlakukannnya as an innocent person if the court has not sentenced him guilty .
b . The right to self-defense and the right to a proportional punishment to the offense has been done .


Process of Restorative Justice can be done by:
a. Mediation between the perpetrator and the victim
b . Reparations ( correct offender back everything destroyed )
c . Victim - offender conferences ( involving the family of both parties and leaders within the community leaders )
d . Victim awareness work ( an attempt of the perpetrator to be more concerned about the impact of his actions ) .
Implementation of the principles of Restorative Justice :
a. Make offenders responsible for their actions
b . Capabilities and provide opportunities for responsible actors .
c . Involvement of the victim , the perpetrator , the victim's parents , the elderly offender , schoolmates , friends and community play .
d . Creating a forum for cooperation .
e . Creating a direct link between the mistake and the real social reaction

        As a criminal justice Restorative Justice process potentially visible since :
1 . The phenomenon of crime / deviance known / observed .
a. Most considered unforgivable , serious and profound implications .
b Others deemed appropriate discretion and sensitivity gain in treatment .
c . By police and prosecutors .
2 . Position and the existence of related parties with certain crimes and irregularities have been clear .
a. Some are getting rewarded .
b . Others are not getting attention .
c . By the court and LP


The importance of the application of the concept of Restorative Justice :
1 . Criminalization bring further problems to the family perpetrators .
2 . Punishment does not relieve perpetrators / victims heal
3 . Formal criminal justice process is too expensive , long and uncertain .
4 . As the continued criminalization of Corrections also potentially contribute nothing to the prisoners and the future governance relationship with the victim .


The reasons for the use of Restorative Justice methods are :
1 . Child is seen as the future generation is still dependent on adults, are learning and need protection in order to grow and thrive .
2 . In fact many neglected children who imprisoned his rights , did not receive educational services , health and personal development guidance adequately .
3 . Handling of violations committed against children should prioritize child rights sensitive .
4 . Restorative Justice is a process for handling sensitive ABH children's rights and the right to change offenders into legal guardian .


 Restorative Justice can dilakasanakan if:
1 . Before the case is handled through formal law, can be handled within the local community .
2 . Once the case is processed through formal legal violations ( arrests , investigations , prosecutions and trials ) to seek the termination of ( discretionary ) case management through the formal process and transfer ( diversion ) to community -based solutions by consensus .


 Restorative Justice contains several key elements , namely :
1 . Recognition and completion , and the willingness of the victim to the perpetrator's family mediation or consulted in establishing accountability for actions that have been performed including the recovery of damages or losses caused by the offense.
2 . consultative meeting
3 . An apology from the offender
4 . Forgiveness from victims
5 . Agreement for the perpetrator acts as a form of responsibility .



   In all cases the application can not be enforced Restorative Justice , because they have to meet the following criteria :
1 . Not a case of sacrificing the interests of the child and not a lot of traffic violations .
2 . The child's misbehavior does not result in loss of life , severe twists or maimed for life .
3 . Delinquency is not a serious crime against decency regarding honor .


Restorative Justice is characterized by certain values ​​to distinguish the theoretical rationale of punishment that has been ada.Berikut are the values ​​of the Restorative Justice approach :
1 . Value associated with the implementation of Restorative Justice in a practice called Procedural Save Guard consisting of :
a. non Dominition
That the completion of the criminal case by using Restorative Justice is expected that all parties in a position of equals. Where decisions are made jointly between the parties involved ( actors / family perpetrators , victims / victims' families and the community ) .
b . Honouring Legally Specific Upperlimits On saction
When someone receives submissions Restorative Justice then must be recognized to be able to accept the resulting decisions . A criminal is not positioned to receive retaliation , but built a sense of remorse and realized upset ; ahan he made as a common goal .
c . Listening Respecfull
Restorative Justice approach goals requires mutual respect and empathy between the parties . This approach is required ;
· The courage to express opinions ;
· Desire and willingness to listen to the complaints and desires of the other party
2 . Value associated to forget past events
Forget the past does not mean letting it without settlement , abandoned and prevent the completion of the process that is already underway . Receipt of an agreement , means an assignment to bring new value paradigm and surrounding communities for the crimes that have happened .


3 . Values ​​contained in the Restorative Justice is to prevent injustice , forgiveness and a sense of gratitude .

 Restorative Justice is based on the principle of due process is an exploration and comparison between the approaches of welfare and justice approaches , which can respect the legal rights of suspects and very attentive to the interests of the victim . Target of restorative justice is to expect a reduced number of children who were arrested , detained and sentenced to prison and to eliminate the stigma of the child and return the child to be a normal human being so that it can be useful in the future .
Restorative Justice is a process of the justice process is fully implemented and achieved by the community . Process that is really intended to prevent the re-establishment of a felony. It makes a justice into something full consideration in responding to crime and avoid stigmatization .


The ultimate objective of this is the concept of Restorative Justice :
1 . Expect a reduction in the number of inmates in the prison ;
2 . eliminate stigma / stamp and return the offender to be normal ;
3 . offenders can realize his mistake , so do not repeat the offense as well as reduce the workload the police , prosecutors , prisons , courts , and prisons ;
4 . save state finances do not cause resentment because the offender has been pardoned by the victim , the victim quickly redress ;
5 . empowering people to tackle crime ;
6 . reintegration of offenders in the community .


Restorative Justice is a movement of recent changes in the field of criminology that emphasizes victimologi and concept recognition that crime can lead to people and communities . It needs to be repaired once justice and the recovery of losses caused or incurred by a criminal act .

 Recovery of this loss will be achieved by the cooperative processes that include all stakeholders . Where all the parties concerned in the offense collectively solving problems facing the offense and its implications on the future .
Restorative Justice aims at restoring harmony or balance because the law has ditegakkan.Namun it does not seem quite so alone implemented because keseimabangan restore can only be accepted as a manifestation of the idea of ​​justice if there kesembangan morally between the perpetrator and the victim is the proper balance .
In effect the handling of children in conflict with the law, especially the perpetrator is not a simple matter . Required perception , vision and goals . Law alone is not sufficient but must be accompanied by the noble desire of all parties and menyerasikannya with values ​​that span the 'hierarchy in the rule of life .