Criminal Mediation and Customary Sanctions for Children in Conflict with The Law

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  • Ika Dewi Sartika Saimima Fakultas Hukum Universitas Bhayangkara Jakarta Raya
  • Anggreany Haryani Putri Fakultas Hukum Universitas Bhayangkara Jakarta Raya
  • Widya Romasindah Aidy Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Abstract

Restorative justice is a method used to resolve child conflict cases, involving criminal mediation and customary sanctions. This model involves all parties involved, including victims, victim families, perpetrators, indigenous communities, and law enforcement. The study investigates the treatment of children involved in criminal acts, focusing on criminal mediation and customary sanctions. It uses a normative/doctrinal approach, examining child protection law, the child criminal justice system, and arbitration law. Examples of customary sanctions applied by Lampung, Minangkabau, and Bali tribes are also included. The research uses the IRAC method and library research to gather secondary data. The study aims to provide an overview of child case settlement mechanisms, incorporating vertical and horizontal synchronizations. However, inconsistencies in applying restorative justice, particularly in cases of children in conflict with the law, are highlighted. Customary sanctions should be used for children in conflict with the law, and criminal mediation is proposed as an alternative. Family and community conferences are also proposed as solutions.

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Published
2023-12-29
How to Cite
SARTIKA SAIMIMA, Ika Dewi; HARYANI PUTRI, Anggreany; ROMASINDAH AIDY, Widya. Criminal Mediation and Customary Sanctions for Children in Conflict with The Law. Jurnal Magister Hukum Udayana (Udayana Master Law Journal), [S.l.], v. 12, n. 4, p. 795-810, dec. 2023. ISSN 2502-3101. Available at: <https://ojs.unud.ac.id/index.php/jmhu/article/view/107010>. Date accessed: 21 nov. 2024. doi: https://doi.org/10.24843/JMHU.2023.v12.i04.p04.
Section
Articles