Child Development in The Context of Law Through Indigenous Approaches and Local Wisdom (Strengthening Restorative Justice Within the Criminal Justice System)

Abstract

The provisions related to children in conflict with the law are regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System, which encompasses all forms of best interests, especially for children through the Restorative Justice approach. The problem in this study is how the regulation of the Criminal Justice System for children in conflict with the law in Indonesia and the urgency of customary law in realizing Restorative Justice in the settlement of cases of children in conflict with the law in Indonesia. The method used is Normative legal research with a statute approach and case approach. The results showed that the way to resolve children's criminal cases was through litigation and non-litigation. The urgency of customary law in realizing Restorative Justice in the settlement of cases of children dealing with the law in Indonesia needs to be reviewed because the settlement of children's cases through customary law will be very helpful and guarantee the best interests of the child. Meanwhile, the regulation on customary criminal sanctions in Law No. 11/2012 has not fully placed customary law as a Primum Remedium (primary remedy). Because in Article 71 paragraph (2) of Law No. 11/2012, customary sanctions are only a form of supplemental penalties. If the primary penalty is not enforced, the supplementary penalty cannot be implemented automatically.