ALTERNATIF PERTANGGUNGJAWABAN PIDANA BAGI ANAK YANG BERKONFLIK DENGAN HUKUM BERBASIS MASYARAKAT MENUJU KEADILAN RESTORATIF

Abstract

Restorative Justice is the approach adopted by The Law No.11 of 2012 on the
Criminal Justice System for Child. The Restorative Justice is the settlement of
criminal crime by involving the perpetrators, victims, families of the
perpetrators/victims, and by the others who related together to seek a fair
settlement by emphasizing restoration to the original state, and not retributive.
The approach focuses on the creation of justice and balance for criminals and
victims. The point of this research is: (1) How does principle of Restorative
Justice apply to The Criminal Justice System for Child?; and (2) What is the role
of society in seeking sanctions alternatives to children in conflict wih the law in
pursuing Restorative Justice in Klaten Regency? This study was explore the
practice of both implementing the principle of restorative justice in the Jabung
Village Gantiwarno Subdistrict Klaten Regency. The approach employed in this
study is empirical juridical, a study of sociological law or a field study, that is, of
examining the legal requirements of the law as well as what happens in society’s
realities. This study suggests that justice’s restorative principle can be applied by
society as a protection to children in conflict with the law, because the faults of
children cannot be dismissed from the collective faults of the family and the
community as well, and therefore it is unfair for children to be punished in
retributive. Social workers from The Task Group to Child Suitable Village in
Jabung (Gugus Tugas Desa Layak Anak Desa Jabung) giving service to a child in
conflict with the law act as a case manager in charge or being: 1) asesor; 2)
planner; 3) broker; 4) companion; 5) advocate; 6) conductor; and 7) evaluator.
Keyword: children in conflict with the law; restorative justice; community based;