Shahna Alisya Candra, Trini Handayani, Aji Mulyana

Keadilan Restoratif dalam Kasus Perundungan oleh Anak: Upaya Pemenuhan Asas Keadilan bagi Korban

Introduction

Keadilan restoratif dalam kasus perundungan oleh anak: upaya pemenuhan asas keadilan bagi korban. Mengkaji keadilan restoratif untuk kasus perundungan anak di Indonesia, berfokus pada pemenuhan keadilan korban & rehabilitasi pelaku. Temukan potensi serta tantangan implementasinya.

Abstract

The phenomenon of bullying perpetrated by minors is a serious problem in the child protection system, for both perpetrators and victims. This study aims to analyze the application of restorative justice as a resolution approach in cases of bullying by children, and to assess the extent to which this approach is able to fulfill the principle of justice for victims. The method used in this study is a normative-empirical legal type with a focus on a descriptive qualitative approach from various sources of legal norms, such as laws, court decisions, and related legal literature. The results of the study indicate that the restorative justice approach can provide a more humane and inclusive solution than the conventional criminal justice system. Restorative justice encourages recovery for victims and promotes responsibility and behavioral improvement from child perpetrators. However, the implementation of restorative justice still faces various obstacles and constraints, such as a lack of consistent law enforcement, limited facilities in fulfilling the legal system, and minimal involvement of community institutions. The conclusion of this study states that although restorative justice has excellent potential in resolving the phenomenon of child bullying that occurs in Indonesia fairly between perpetrators and victims. However, its implementation and success are highly dependent on the involvement and cooperation between legal institutions, education, society, and families in order to achieve appropriate recovery for the victim and proper rehabilitation for the perpetrator.

Review

This study, "Keadilan Restoratif dalam Kasus Perundungan oleh Anak: Upaya Pemenuhan Asas Keadilan bagi Korban," addresses a critically important and timely issue: the application of restorative justice in child bullying cases, particularly concerning the fulfillment of justice for victims. Utilizing a normative-empirical legal approach with a descriptive qualitative focus, the research effectively highlights the significant potential of restorative justice as a more humane and inclusive alternative to the conventional criminal justice system. The findings compellingly argue that this approach fosters recovery for victims while simultaneously promoting responsibility and behavioral improvement among child perpetrators, positioning it as a valuable strategy within the child protection framework. Despite its clear advantages, the study does not shy away from identifying substantial barriers to the successful implementation of restorative justice in this context. The abstract points to critical issues such as inconsistent law enforcement, inadequate facilities within the legal system, and insufficient involvement from community institutions. These identified obstacles underscore the complexity of transitioning from theoretical potential to practical efficacy, indicating that while the philosophy behind restorative justice is sound, its operationalization faces significant systemic and infrastructural challenges that limit its full impact. In conclusion, this research provides a nuanced and valuable contribution to the discourse on child protection and justice. It robustly affirms the excellent potential of restorative justice for addressing child bullying in Indonesia, particularly in balancing the needs of both victims and perpetrators. However, its ultimate success, as the study meticulously concludes, is profoundly contingent upon robust involvement and coordinated cooperation among legal institutions, educational bodies, societal actors, and families. This emphasizes that achieving appropriate victim recovery and perpetrator rehabilitation requires a comprehensive, multi-sectoral approach, moving beyond legal frameworks to integrated community and institutional engagement.

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