Restorative Justice (Diversi): A Harmonization Effort of Legal Protection Against Child Criminal as Offender and Victim

DOI

10.2991/aebmr.k.200513.135How to use a DOI?

Keywords

children as offenders and victims of crime, child protection, child protection efforts, restorative justice, juvenile who are dealing with the law, diversion, juvenile justice system, juvenile crime, juvenile court

Abstract

State recognition of human resources is started from the recognition of children as one of the nation’s valuable assets, in perspective of child is entrusted by God Almighty which is inherent in the recognition of dignity recognized in social life. To maintain their dignity as a child, it is necessary to seek a particular protection, especially protection in the field of law, child as an offender (who commits a crime) and child as a victim. In this context, they have their right to remain protected and to get particular services and welfare as stipulated in various positive laws regarding juvenile protection. The socialization of all forms of positive legal regulations to all parties who are close and in direct contact with services to children is very necessary in order to achieve the form of juvenile protection and juvenile-friendly services. Restorative Justice through Diversion approach has a very important role, this concept acts as a mediation for resolving criminal acts of juvenile, and juvenile who are dealing with the law, by the aim of “humanizing” the parties involved in the child problem both child as offender and as victim, the justice system through the act of restoring the condition with a deliberative approach by prioritizing the case settlement concept of child as offender and child protection as victims with child-friendly context. Where deliberation as a priority in decision making in the fourth precepts of Pancasila, is the main foothold for the role of Restorative Justice in implementing diversion to be implemented in the juvenile justice system and juvenile positive law in Indonesia.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Yunan Prasetyo Kurniawan
AU  - Hartiwiningsih
AU  - Hari Purwardi
AU  - Soehartono
PY  - 2020
DA  - 2020/05/20
TI  - Restorative Justice (Diversi): A Harmonization Effort of Legal Protection Against Child Criminal as Offender and Victim
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 710
EP  - 718
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.135
DO  - 10.2991/aebmr.k.200513.135
ID  - Kurniawan2020
ER  -