E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 6, 2024

Restorative Justice System for Traffic Violations by Children in Surakarta Reviewed from Law Number 11 of 2012 Concerning the Child Justice System



Author(s): Marisa Kurnianingsih, Berliana Anggita Putri, Iqbal Muhammad Ichsan, Fiqkri Akbar Wibisono, Muhammad Farkhan Sabila

DOI: https://doi.org/10.62225/2583049X.2024.4.6.3503

Abstract:

Traffic violations in Surakarta have significantly increased during 2022–2023, including cases involving underage children. This indicates a lack of awareness regarding traffic safety, particularly in monitoring children who are not yet eligible to drive. The juvenile criminal justice system in Indonesia, as specified in Law No. 11 of 2012, emphasizes the importance of the diversion and restorative justice approaches. Diversion aims to redirect the resolution of juvenile cases from formal judicial processes to avoid stigma and restore children's rights. This approach focuses on resolving cases persuasively by involving the offender, victim, and community, while avoiding punitive measures. However, the implementation of restorative justice in Surakarta faces challenges, such as imbalanced compensation between offenders and victims and different perceptions of justice. Optimal implementation is expected to prioritize the best interests of the child, prevent juveniles from formal judicial processes, and support their normal reintegration into society. This system is designed as a progressive step to protect children's rights and promote welfare based on social justice.


Keywords: Child, Restorative Justice, Traffic

Pages: 721-726

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