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Munthe Strategic and International Studies (MSIS)

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Restorative Justice for All in Child Criminal Case

27 April 2022   11:10 Diperbarui: 27 April 2022   11:11 198
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Cases of violence that occur in children and end in criminal penalties are indeed quite heartbreaking.

But what if in this case the child is not only the victim, but also the perpetrator.

It's not only heartbreaking to see it, but questions arise in our hearts, how far has the supervision and system built up in the community so that incidents like this are often repeated.

When this matter is brought to the criminal line, the complaint report with or without offense at the Police will then be transferred to the Prosecutor's Office when there are sufficient files.

But the problem is, why do we often see a problem must be solved by means of retaliation.

Things like this are actually no longer relevant when you look at the process of forming laws like that that happened long ago during the Roman era.

Rome is cruel, that's the spirit that people want to put in the minds of people at that time so they don't dare to commit crimes. But is it still relevant to be applied today?

Back to the case of violence that led to a criminal report to the police. It has become a necessity, when mediation as the initial stage of case resolution is used as a preventive measure for the first time when this happens.

The police must be maximal in mediating before following up this matter for investigation.

What if mediation fails and the case continues to the Prosecutor's Office?

Here, it is necessary to see the follow-up of law enforcement officers who truly see it in the common interest to carry out restorative justice.

By gathering both parties, both victims and perpetrators, accompanied by their respective families, the Prosecutor's Office must actively seek and find the best way so that this case can end up at the restorative justice table.

Why do I see this decisive and successful? Because I try to absorb and feel what is the point of the problem being faced together, getting to the root of this problem can arise.

If we continue to think that the victim will never recover mentally and psychologically because of this case, we may be wrong.

If I go back, how will the perpetrator's mental and psychological condition if he receives a prison sentence of quite a large number of years?

Wouldn't this also have an impact on how "wild" the perpetrator was after his mental and soul was damaged as a victim of punishment for what he felt? So both are the same.

With the restorative justice policy, what harms the victim must be sought and conveyed to the perpetrator so that he can be replaced and given the appropriate compensation penalty, be it material or attention in the field of education and the future of the victim.

In addition to the government through state institutions which will later help to recover and "rehabilitate" the victim from these things. Thus we have cut the chain of real violence more wisely.

All that remains is that the restorative justice process that is carried out must continue to be closely monitored by "supervision analysts" at KPAI so that these programs and policies are carried out fairly and wisely without dropping and harming the conditions and feelings of the victims.

(RM)

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