Peer-reviewed article
Implementation of Restorative Justice in Cases of Physical Violence Against Children
Denie Widya Rahardja, Andri Winjaya Laksana ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This study examines how restorative justice is applied to resolve cases of physical and psychological violence against children at the Madiun District Attorney's Office in Indonesia. The process involves the perpetrator, victim, their families, and community leaders working together to reach resolution. The study identifies obstacles including limited regulations, time constraints, disagreements between parties, and public misunderstanding of restorative justice approaches.
Key points
- Implementation follows Indonesian regulations including Perja Number 15 of 2020 and relevant prosecutor circulars
- The process includes perpetrator, victim, families, community leaders, and police investigators in collaborative resolution
- Key obstacles include limited legal framework, insufficient time, conflicting desires between victim and perpetrator, and lack of public awareness about restorative justice
- Prosecutors serve as both case controllers and facilitators to enable restorative outcomes
- The study used qualitative analysis of primary and secondary data from the district attorney's office
Limitations
This is a descriptive study of one district attorney's office practice and does not measure outcomes or effectiveness of restorative justice in reducing violence or improving child well-being. The study focuses on the legal process and barriers rather than on child safety, recovery, or recidivism rates.
Abstract
Abstract. This study aims to determine the application of restorative justice in resolving cases of violence against children (physically/psychologically) at the Madiun District Attorney's Office, along with the obstacles and solutions.The approach method used is sociological juridical, the research specification is analytical descriptive. The type and source of data use primary data and secondary data. The data collection method is carried out through field studies and literature studies and the data analysis method is qualitative analysis. TThe theories for analyzing research are legal system theory, justice theory and progressive legal theory. Based on the research results it can be concluded that phe implementation of restorative justice in resolving cases of violence against children (physically/psychologically) at the Madiun District Attorney's Office is in accordance with applicable laws and regulations and Perja Number 15 of 2020 and Circular of the Deputy Attorney General for General Crimes (SE JAM Pidum) No.: 01/E/EJP/02/2022, the process of which after the handover of the suspect and evidence from the investigator, the process involves the perpetrator (suspect) and family, the victim and family, as well as community leaders (village officials) and Polri investigators. Obstacles to the implementation of restorative justice in resolving cases of violence against children (physically/psychologically) at the Madiun District Attorney's Office are limited regulations, limited time, differences in desires between the victim and the suspect, and lack of public understanding regarding restorative justice. In this case, the prosecutor as dominus litis (case handling controller) and also as a facilitator has found a solution so that the case can be resolved based on restorative justice.Keywords: Criminal; Dominus; Justice; Restorative.