RESTORATIVE JUSTICE SEBAGAI PENYELESAIAN PERKARA PIDANA PADA ANAK YANG MELAKUKAN TINDAK PIDANA (Studi Perkara Nomor : 123/PID. SUS/2014/PN.JKT.TIM)

Abstract

Son is a mandate from God Almighty that in her inherent dignity and worth as human beings. Every child has the dignity that should be respected and every child born should get the rights of the child rights without asking. This is in accordance with the provisions of the Convention on the Rights of the Child ratified by the Indonesian government through Presidential Decree No. 36 of 1990, then also set forth in the Child Welfare Act and the Child Protection Act. Looking at the principles on the protection of children, especially a principle that the best interests of the child then the child process is required for settling disputes outside of the criminal mechanism. Formulation of the problem. 1). Is Judge consideration in providing Restorative Justice as the disposal of a child who committed the crime. 2). Application of Restorative justice as a criminal with a criminal case settlement on the child committing a crime in a court of East Jakarta Negri. The research method used is the method of normative research, with qualitative data analysis, sources of primary legal materials, secondary, tertiary, document study data collection techniques, qualitative data analysis techniques, the conclusion of the research, 1). Judge consideration in deciding cases is due to the presence of peace between the defendant with the victim's family, is considered responsible for the defendant's family cover medical expenses and funeral of the victims were injured or dead. 2). Application of criminal applied by the judges in the case that I researched was to be returned to the parents, with such things as children's rights such as the right to education, the right to a decent environment, and the right to play will be performed again

Keywords: Restorative, justice, kid, not criminal