RETHINKING RESTORATIVE JUSTICE FOR JUVENILE OFFENDERS IN INDONESIA: TOWARD A BEST-INTEREST-OF-THE-CHILD FRAMEWORK

Abstract

A child's growth period requires consistent supervision and guidance from their surroundings, especially their parents. However, in the practice of law enforcement in Indonesia, children in conflict with the law are often treated like miniature adults. Legal proceedings against children, especially those who have committed crimes punishable by seven years or more of imprisonment, often ignore the principle of the best interests of the child as mandated in the juvenile justice system. This situation raises legal issues related to the retributive rather than restorative nature of law enforcement. This study aims to analyze whether the concept of Restorative Justice can be applied in the settlement of cases involving children facing criminal penalties of seven years or more, as well as how the mechanism for its application works within the juvenile criminal justice system in Indonesia. The research method used was the normative juridical method, with a statutory, conceptual, and case approach. Data was obtained through a literature study of relevant legislation, legal literature, and court decisions. The results of the study show that the application of Restorative Justice can be an alternative solution that complements the juvenile criminal justice system in Indonesia, including for juvenile offenders who face seven years or more of imprisonment. Through a diversion mechanism based on the principles of Restorative Justice, the process of resolving juvenile cases can be transferred from the criminal to the non-criminal track through mediation and negotiation involving the perpetrator, victim, family, community, and law enforcement officials. This approach has proven to better guarantee the protection of children's rights, restore social relationships, and prioritize the best interests of the child compared to the conventional approach of punishment.