EFEKTIVITAS RESTORATIVE JUSTICE DALAM PENYELESAIAN PERKARA ANAK BERHADAPAN HUKUM

Abstract

The resolution of cases involving children in conflict with the law requires a different approach from the resolution of criminal cases involving adults. Children are legal subjects who have psychological, social, and developmental conditions that require special protection. Through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, restorative justice and diversion are positioned as important instruments to protect children from the negative impacts of the criminal justice process. This study aims to analyze the effectiveness of restorative justice in resolving cases involving children in conflict with the law and to examine its contribution to child protection and social reintegration. This research employs a normative juridical method using statutory, conceptual, and limited case approaches. The findings indicate that restorative justice has a strong legal foundation through the Juvenile Criminal Justice System Law, Government Regulation Number 65 of 2015, Supreme Court Regulation Number 4 of 2014, and Regulation of the National Police Number 8 of 2021. Its effectiveness is determined by victim recovery, child accountability, family and community involvement, prevention of negative stigma, and the ability to return children to their social environment constructively. Nevertheless, its implementation continues to face challenges, including differences in law enforcement officials’ understanding, institutional readiness, victim and family participation, community involvement, and post-resolution supervision. Therefore, restorative justice should not merely be understood as a mechanism for terminating criminal proceedings, but as a recovery process oriented toward the best interests of the child and sustainable social reintegration.