MECHANISMS FOR THE SETTLEMENT OF CHILDREN CONCERNING THE LAW THROUGH THE RESTORATIVE JUSTICE APPROACH

Abstract

The ABH case settlement is carried out using a restorative justice approach, requiring the victim's consent and the victim's family and the child's willingness through diversion implementation. Thus, it is understood that the ABH case's settlement cannot always be carried out by diversion. The problem in this research is regarding the concept of restorative justice in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the mechanism for resolving cases of children who face the law through the restorative justice approach. This research is normative juridical research. This research is a descriptive analysis using primary and secondary sources. The data analysis used in this research is qualitative. Based on the research results obtained, the concept of restorative justice in the SPPA Law is implemented by applying diversion at every juvenile criminal justice process level. Diversion is a diversion of the settlement of cases of children in conflict with the law from a formal process (judicial process) to an in-formal process utilizing deliberation and consensus that prioritizes restorative justice. Restorative justice will protect ABH because, through the implementation of diversion, children will be kept away from the formal justice process, which allows the neglect of children's rights and causes trauma. Obstacles in implementing restorative justice in the Medan District Court's jurisdiction are the lack of human resources from law enforcement officials and the difficulty of reaching a peace agreement between the perpetrator and the perpetrator's family and the victim's family.