Public Participation Model in The Juvenile Criminal Justice System in Indonesia

Diversion mechanism and restorative justice are inherent in the juvenile justice system in an effort of the protection to children in conflict with the law. Restorative approaches have long been practiced in the resolution of a criminal case (child) in Indonesia without involving the agents of the State. The study aimed to uncover and discover the practices of public participation and to build a model of public participation in the juvenile criminal justice system so that children are prevented from judicial formalism process that has negative impacts. The research results show that restorative case resolution model is part of the value of public togetherness and responsibility against criminal acts (especially children) as a manifestation of public failure in educating the offenders. The resolution by promoting deliberation, repairing the damage, fostering a sense of guilt and sense of responsibility of the offenders and the community are the parts of life, which are instinctively used in any resolution of criminal cases. Such practices have no place in the judicial process; thus, when a case has been resolved in a community by positive law, the judicial process is still conducted. The integrative model enables a public resolution to be an integral part of the implementation of the juvenile justice system as a form of out of court settlement which has legal certainty and power.