Implications of Restorative Justice on Children of Sexual Violence

Abstract

This study aims to explain the implications of restorative justice for children as perpetrators of sexual violence. So far, the imposition of punishments for the perpetrators of crimes is one proof of success in law enforcement efforts. However, because the perpetrator of sexual violence is carried out by a child, deciding on the punishment to be imposed is not an easy decision. Considering that a child has rights that must be properly guarded and protected. This research is a normative research using a statutory and conceptual approach. Data obtained by literature study on matters relating to the subject of study. The results show that the implications of restorative justice for children who are perpetrators of sexual violence can provide justice for children, victims, and their families. Settlement through restorative justice can be applied to child perpetrators who commit crimes of sexual violence because in Law Number 11 of 2012 concerning the Juvenile Justice System which has emphasized that the juvenile justice system is obliged to prioritize theapproach restorative justice and children as perpetrators of sexual violence. have the right to protection and fair punishment. Thus, it will prioritize restoration back to its original state and restore the pattern of good relations in the community so that children's rights are as stated in The 1945 Constitution of the Republic of Indonesia in article 28B section (2) and Law Number 23 of 2002 concerning Child Protection in conjunction with Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection can be fulfilled.