PENERAPAN PRINSIP RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KEKERASAN SEKSUAL YANG DILAKUKAN OLEH PELAKU ANAK (Studi di Wilayah Hukum Polres Banjarnegara dan Polres Purbalingga)

Abstract

This research aims to analyze the implementation of restorative justice  principle in accomplishing  the criminal act of sexual abuse that was conducted by children actors and to analyze the  obstacles  that  were  faced  in implementing  the restorative justice principle to accomplish the criminal act  of  sexual abuse  that was  conducted by children actors. Method in this research used the method of sociological juridical approach with type of sociological law research or  empirical which its research location in the law area of Polres Banjarnegara and Purbalingga. In this research, source of data involved primary data source and secondary data source which the collection method of its data was conducted by interview, observation, and  literature study and presented by using the  narrative  text form and then analyzed qualitatively.  

             The result of research  stated that Polres Banjarnegara and Purbalingga in the implementation of restorative justice principle in accomplishing   the  criminal act of sexual abuse  that was conducted  by  children actor it  was known as the  process of case  accomplishment  with  penal mediation way that was  the part of Alternative Dispute Resolution or ADR. The implementation of restorative justice principle through the mediation that conducted by Polres Banjarnegara and Purbalingga that was the process of peace, stopping the  investigation because  the achievement  of  agreement, gave the school cost  aid for the  victim in the rape case, didn’t jail the children actor,  conducted the  implementation of suspect, considered  the  certain  aspect  to mediate, married the  victim  with the  suspect (married  especially in the  sexual intercourse case, that was if the victim got pregnant), concerned for the compensation for victim, conducted the law process but kept the children  protection, case accomplishment by relative custom mediation.

            Beside that, the obstacle that was experienced by Polres Banjarnegara  and Purbalingga in accomplishing the criminal act of sexual  abuse that was conducted by children actor related with the law formulation or substance, institution problem and its structure, and cultural problem that lived and  developed in the  society. It was related with the knowledge that owned by the law officers and society knowledge about the implementation of restorative justice principle. These obstacle were such as  the number of female police  still very minimum, understanding of gender that was not appropriate enough, lacked of understanding of  law  and its regulation about the sexual abuse  that  was conducted by children actor, understanding of  restorative  justice principle was  not deep enough,  many  of  regulation about  the children  still  ambiguity with other  rule, there was  not  norm  which  guaranteed the similar in act,  implementation of restorative justice  was  considered did not make the suspect aware its act and  it was possible for them to do again, and it had  not  all the case  could be accomplished with the restorative justice  because there was the  perception that wrong man had to be punished.

 

Key words: restorative justice, criminal act of sexual abuse, children actors