MODEL PENERAPAN RESTORATIVE JUSTICE PADA TINDAK PIDANA ANAK DI TINGKAT PENYIDIKAN

Syaiful Asmi Hasibuan; Yasmirah Mandasari Saragih; Andoko Andoko

Syaiful Asmi Hasibuan Universitas Pembangunan Panca Budi
Yasmirah Mandasari Saragih Universitas Pembangunan Panca Budi
Andoko Andoko Universitas Pembangunan Panca Budi

Abstract

The development of the criminal law system in Indonesia has led to improvements that prioritize the human side rather than retaliation. One of them is the concept of restorative justice, where the ideals to be realized in restorative justice are how the State plays a full role in trying to improve conditions that are not harmonious into harmony in the midst of society in accordance with the prevailing life. Based on the description of the case above, it is interesting to raise the topic of discussion about how the model of applying restorative justice in child crimes at the investigation level is?
Achieving maximum results requires good and relevant data collection. For this reason, research is carried out which includes research methods in the form of descriptive analytical research that leads to normative legal research. Sources of data in this study were collected through secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The tools used for data collection in this research are documentary studies or literature studies. And in order to accurate data obtained from documentary studies or literature studies, the results of this study require qualitative analysis for answers/solutions to the problems posed and to prove hypotheses regarding true or false.
The resolution of juvenile criminal cases that is oriented to the interests of the perpetrator as the goal of the restorative justice approach is an effort to treat children in conflict with the law humanely by respecting the inherent dignity of them. Efforts for restorative justice for the benefit and positive development on the grounds that the children's future is not disturbed. Settlement with the principle of restorative justice in criminal acts committed by children is carried out on the grounds of the future of the child and the rights of the child. So the dismissal of a criminal case committed by a child is declared with a peace statement.