PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM PADA PENGADILAN NEGERI BAU-BAU

Abstrak

The study aims to analyze and gain an understanding of the restorative
approach adopted to act 11 in 2012 on the criminal justice system of children in
conflict with the law in order to provide legal protection for children in conflict
with that law. The study is an empirical law study, a law implementation in
national law, involving restoration approaches in enforcing sanctions against the
law to keep children away from prison crimes and a negative stigma on society.
The data used in this study are primary and secondary data. Primary data is
obtained by conducting interviews with judges, prosecutors, and public advisers.
Secondary data are obtained through a library study of legislation that regulates
children who are in conflict with the law.
Research shows that the value of restorative justice is accommodating in
the criminal justice system of children. Legal consideration by the judge in
rendering action on the child's penal case, the age of the child, the exclusion of all
elements of the indictment, of the facts in the trial, the reduced weight of criminal
crimes committed by the child, the repetition of the crime, and the purpose and
benefits of the very sentencing of the criminal child, and the application of
restorative justice in the state of ana
Keyword: a child in conflict with law, a restorative approach, penalty of action