PERBANDINGAN PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA OLEH ANAK MENURUT HUKUM INDONESIA DAN HUKUM BELANDA

Mahayoga, Lahiri Manik (2023) PERBANDINGAN PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA OLEH ANAK MENURUT HUKUM INDONESIA DAN HUKUM BELANDA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Restorative Justice approach in juvenile crimes is very important to save the future of children because children play a major role in determining the future of the nation. In the Netherlands the application of restorative justice in juvenile crimes is already more advanced than Indonesia, therefore a comparison will be made regarding this matter. This type of research is normative legal research, the legal materials used are primary legal materials in the form of laws and regulations and secondary legal materials in the form of expert opinions, books and journals. In Netherlands, Restorative Justice in juvenile crimes has been codified in the Netherlands Criminal Procedure Code which can be applied to all criminal penalties for juveline that regulated in Netherlands Criminal Code. In Indonesia, Restorative Justice in juvenile crimes is not codified, but regulated in several laws and regulations which only can be applied to imprisonment under 7 years or imprisonment more than 7 years with in the form of subsidiary, alternative, cumulative, and combined charges and is not a repetition of a crime. In Indonesia, Restorative Justice can be applied only to juvenile crimes and misdemeanor.

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