Penerapan Restorative Justice dalam Kasus Penganiayaan Terhadap Anak (Studi Kasus di Kepolisian Resort Dairi)

Abstract

Implementation of the principle of restorative justice on the crime of persecution is still many pros and cons. For the investigator is not easy to settle the criminal act of persecution with the principle of restorative justice because there must be agreement between the victim's family and the perpetrator. The problem in this research is how to apply restorative justice process of investigation to child as perpetrator of crime of persecution and how obstacles faced by Dairi Police Resort in implementing restorative justice to child as perpetrator of crime of persecution. Research method in writing this thesis is Library Research (Library Research). This method by conducting research on various sources of written reading from scholars namely the theoretical books about law, legal magazines, legal journals and also materials and lectures as well as rules about criminal acts. The primary law materials are the Criminal Code, the Criminal Procedure Code and the Law no. 35 Year 2014 Jo Act No.23 of 2002 on Child Protection and Law No.11 Year 2012 on Juvenile Court Jo Act No.3 of 1997. Field Research (Field Research) is to do the spaciousness in this case The author immediately conducted an interview with the investigator at Polres Dairi about the Case of Persecution. Implementation of the principle of restorative justice in the process of investigation of children as perpetrators of criminal acts of persecution, investigators have opinions that are different from the Law of the Criminal Justice System of Children. Implementation of the principle of restorative justice in the settlement of criminal acts of mistreatment committed by a child is performed after the process of conversion if the diversion fails and without the existence of a third warning letter and the determination of the court. So the dismissal of a crime of mistreatment committed by a child is stated by a peace statement. This peace statement will be sent to the public prosecutor to inform if there is a peace statement from the parties. The investigator in the settlement in restorative justice only acts as a facilitator and provides advice only. The obstacles faced by the Dairi Police are: The absence of a meeting point between the perpetrator and the victim and the family, due to the enormous peace costs demanded by the victim; The victim's family objected to the perpetrator for the actions of the perpetrator who committed the criminal act of persecution, and expects the perpetrator to be severely punished for destroying the victim and his family; Victims and perpetrators are unwilling to make peace through diversion.