Restorative Justice for Juvenile Offenders in Indonesia: A Study of Psychological Perspective and Islamic Law

Abstract

Regulations on handling criminal children in Indonesia refer to restorative justice that prioritizes the most beneficial for children’s future. However, the number of child perpetrators of criminal acts whose handling through the judicial process is relatively high. This study aims to describe and analyze the application of restorative justice in Indonesia and acknowledge the psychological conditions and stages of adolescent development involved in criminal acts. In addition, this study also considers from an Islamic Law perspective. This paper is a literature review using legislation, journals, and books as primary data described descriptively. This study reveals that children aged 12-18 years are immature emotionally and cognitively and experience turbulent changes from various aspects that cause children to commit criminal acts. Thus, managing through the diversion mechanism is prioritized over the judicial process. The diversion mechanism regulating juvenile perpetrators of criminal acts aims to restore relationships, children’s best advantages and protect children’s rights based on restorative justice. The author argues that punishment for children must consider the child’s ability to take responsibility for the cases committed, not as revenge for the violations committed.

Crimes and Determinants of Young Criminals: A Study of Interior Sindh, Pakistan

“…Youths have repressed sexual fantasies and conduct covert searches as a result. They will change their focus to exploring sexual potential, especially with young people who lack con􀅫idence (Aminah et al, 2021).…”

Prison System Transformation: Delving into Restorative Justice, Rehabilitation, and Religious Life Based on Islamic Law

“…Implementing restorative justice based on Islamic law is an exciting approach to the justice system that aims to improve the relationship between perpetrators, victims, and society after the occurrence of a criminal act (Absar, 2020;Hascall, 2011;Sriwiyanti et al, 2021). Restorative justice emphasizes reconciliation, recovery, and social reintegration as alternative or complements to only retributive punishment (Karimullah, 2023;Menkel-Meadow, 2007).…”

Implementation of Restorative Justice by Probation and Parole Officers in Indonesia

“…Marshall's idea of restorative justice is even used in the juvenile justice system. They started by understanding principles to perform procedures such as mediation and diversion (Sriwiyanti et al, 2021). In the SPPA Law, the definition of restorative justice is the compensation of criminal issues concerning the perpetrators/victims and other related parties to pursue a fair solution by highlighting restoration back to its initial state and not retribution (UU SPPA, 2012).…”

“…However, the new judicial route used in the deliberation efforts does not obtain consensus (Fathurokhman, 2013). In the juvenile justice approach, restorative justice is the essence of Law 11/2012 concerning the Juvenile Criminal Justice System (SPPA) (Saefudin et al, 2021;Sriwiyanti et al, 2021). Implementing the SPPA Law also provides special treatment for child offenders (Fathonah et al, 2021;Saefudin et al, 2022).…”