PENERAPAN PRINSIP RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KEKERASAN SEKSUAL YANG DILAKUKAN OLEH PELAKU ANAK (Studi di Wilayah Hukum Polres Banjarnegara dan Polres Purbalingga)

Abstract

The crime of sexual violence perpetrators and victims are children. the handling of criminal acts against sexual violence, attempted a settlement other than through criminal justice so that the need to look for solutions. The solution is expected to be used as a model of a settlement which can protect the interests or rights of the child. The implementation of restorative justice principle in accomplishing the criminal act of sexual abuse and the obstacles that were faced in implementing the restorative justice principle to accomplish the criminal act of sexual abuse that was conducted by children actors. This research used sociolo legal approach. The source of data involved primary data and secondary data which the collection method of its data was conducted by interview, observation, and literature study and presented by using the narrative text form and then analyzed qualitatively. The application of the principles of restorative justice in Polres Banjarnegara and at Polres Purbalingga through the peace process, the termination of the investigation has been achieved because of the deal, giving aid of school costs, child abusers don't hold, keep doing your assignment the suspect, considering certain aspects for mediation, marrying the victim with the offender, stress damages the legal process, but still protect the child, the completion of the matter in mediation of the indigenous family. Barriers experienced with regard to the formulation of law or a question of substance, or institutional structure, and the question of the culture or cultures that live and thrive in society. These obstacles include the number of polwan that are still very minimal understanding of the gender that has not been adequate, a lack of understanding of the law plus does not know the rules about sexual violence committed by the child, understanding the principle of restorative justice have not depth, the various regulations concerning children still overlap, yet the existence of a norm which guarantees the Equality Act, the application of restorative justice is considered not making the perpetrator deterrent and it is possible to repeat theAct, not all cases can be completed with restorative justice because there is a supposed wrong should be punished.