31Jul 2015

Legal Protection of Children in Conflict with the Law through Restorative Justice Principle (A Review of the Prosecutor’s Role)

  • Attorney General of the Republic of Indonesia. Currently completing the Doctoral Program of Legal Studies at Graduate School of Hasanuddin University, Makassar, Indonesia.
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Children have special characteristics which can not be equated with adult offenders. That is why the purpose of punishment against children should be tailored to the needs of the child. Recent developments in criminal law that became an international trend or tendency is to find an alternative forms of criminal cases toward the children. As the successor generation, children have a strategic role that ensures the existence of the nation in the future. It is become the main concern of Indonesian Criminal justice system who has adopted the Convention on the Rights of the Child through Presidential Decree Number 36 Year 1990 regarding Ratification of Convention on the Rights of the Child. The negative stigma toward children was began since those has firstly against law enforcement officers therefore an alternative model of handling such children is required. Based on the perspective of the child's interests, then developing of restorative justice and diversion principles as an alternative methods should be considered in handling children cases.


[Gregorius H. Kristyanto, Slamet Sampurno, Said Karim, and Syamsuddin Muchtar (2015); Legal Protection of Children in Conflict with the Law through Restorative Justice Principle (A Review of the Prosecutor’s Role) Int. J. of Adv. Res. 3 (Jul). 1352-1359] (ISSN 2320-5407). www.journalijar.com


Gregorius H. Kristyanto