IMPLEMENTASI KEADILAN RESTORATIF TERHADAP ANAK PELAKU TINDAK PIDANA PENGULANGAN PADA SISTEM PERADILAN PIDANA ANAK

Restorative justice refers to justice that aims to restore. This restoration occurs between the victim and the offender, based on mutual agreement. With the concept of restorative justice, children in conflict with the law can return to being members of society as before and not be excluded from their social environment. To achieve restorative justice that restores the child’s condition, efforts are made through the diversion process when a child is in conflict with the law. The focus of this research is how to juvenile criminal justice system adjudicates children who reoffend in realizing restorative justice through diversion efforts, and how the reformulation of the diversion concept for child repeat offenders in the Juvenile Criminal Justice System Law can serve as an effort to protect children. The research method used is a normative juridical method. The results of the study indicate a conflict between the conditions for applying diversion and the principles of the juvenile criminal justice system, where children who should receive diversion cannot be granted it because they are repeat offenders. This is contrary to the principle of non discrimination. The conditions for children who reoffend to receive diversion appear to be inconsistent with the spirit of restorative justice embraced by the Juvenile Criminal Justice System Law. Reformulation is needed for the conditions for the implementation of diversion as an effort to protect children.
Keywords: Juvenile Criminal Justice System, Repeat Offense, Restorative Justice.