Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

The Concept of Criminal Imposition Through Compensation for The Victim in The Future Within The Juvenile Criminal Justice System

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312425,
        author={Dwi Agus Prianto},
        title={The Concept of Criminal Imposition Through Compensation for The Victim in The Future Within The Juvenile Criminal Justice System},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={diversion; children imposition of criminal acts},
        doi={10.4108/eai.14-4-2021.2312425}
    }
    
  • Dwi Agus Prianto
    Year: 2021
    The Concept of Criminal Imposition Through Compensation for The Victim in The Future Within The Juvenile Criminal Justice System
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312425
Dwi Agus Prianto1,*
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: dwieagus99@gmail.com

Abstract

Violation of values and norms prevailing in society is committed by adults and children as well. Violation against the law by children needs special treatment to avoid negative impact of the punishment on children's development. In addition, there is a need for legal diversion in the imposition of crimes in violation against law committed by children, including the provision of compensation to victims as a manifestation of restorative justice, which has never been carried out by courts or judges in Indonesia. This research is a normative legal research done using a conceptual approach, a statutory approach and a case approach. If the requirements that include perpetrators admitting their actions, promising not to repeat, apologizing to the victim and acting responsible and the victim is willing to accept an apology and is willing to conduct deliberation or negotiation, while community representatives also demand for deliberation, the compensation concept can be applied. Special conditions for penal mediation are applied to cases of minor qualifications. The results of the mediation agreement are attached in the case file submitted to the court. In the trial stage, the Judge can process the penal mediation in the mediation room after examining the victim, witnesses, evidence and children before hearing the demands of the Public Prosecutor.