Reformulation of Regulations Regarding Restorative Justice in Cases of Criminal Acts of Bullying Against Children at Investigation Level
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 05
Abstract
Children as the most vulnerable and weak social creatures are often placed in the weakest position, do not have the right to speak, and often experience violations of their rights. One of them is the limitation of diversion obligations for law enforcers which is only limited to criminal acts with a threat of under 7 (seven) years, which is contrary to the intention of the legislators in providing age limits for children and is contrary to the psychological nature of children. If investigators have applied diversion consistently in cases where only children who are bullied are under 7 (seven) years of age, it is not certain that the investigator's objectivity according to law is directly proportional to the objectivity according to community justice. This research is aimed at finding out the regulations related to restorative justice in cases of criminal acts of bullying against children at the investigation level as well as formulating a reformulation of regulations related to restorative justice in cases of criminal acts of bullying against children at the investigation level in the future. The type of research in this research is normative juridical. This research aims to understand and interpret legal norms and analyze their consequences or implications. It is still found that there is still a lot of restorative justice that is not applied to children who are bullied at the investigation stage, so that children have to face the next stage of justice, even up to the trial stage. Concrete steps are needed by Indonesian National Police investigators to ensure that restorative justice is applied consistently at the investigation stage of criminal acts of child bullying. The government together with the Police of the Republic of Indonesia through the legislative body should reformulate regulations related to restorative justice in cases of criminal acts of bullying against children at the investigation level in the future which can be carried out through reformulation regarding material requirements as intended in Article 5 of the Republic of Indonesia State Police Regulation Number 8 of 2021 concerning the Handling of Criminal Offenses Based on Restorative Justice, namely points a and f as well as the rules regarding the requirements for implementing Diversion in Article 7 of Law (UU) Number 11 of 2012 concerning the Juvenile Criminal Justice System by taking into account the main interests of the child.
Authors and Affiliations
Muhibbur Rahman Al Anwari, Supardi, Beniharmoni Harefa
Keywords
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- EP ID EP735704
- DOI 10.47191/ijsshr/v7-i05-87
- Views 66
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