A Legal Study of The Application of Alternative Punishments Towards Children Perpetrating Mild Crimes Based on The Restorative Justice Approach 0f The National KUHP

Abstract

Handling crimes involving children as perpetrators requires a special approach, considering the principles of child protection enshrined in various international conventions and national laws. Law Number 1 of 2023 concerning the Criminal Code (KUHP) provides space for the application of alternative punishments, including Restorative Justice (RJ), in the handling of child perpetrators of crimes. This study aims to analyze the application of alternative punishments to child perpetrators of minor assault crimes, as well as the legal and social implications arising from such application. Based on a juridical approach, this study explores the legal principles contained in the law and compares them with applicable legal practice. The results of the study indicate that the application of alternative punishments, particularly through Restorative Justice mechanisms, can provide rehabilitative benefits for child perpetrators of crimes, as well as provide an opportunity for victims to obtain justice without going through a lengthy judicial process. However, the application of these alternative punishments requires strict supervision to ensure they do not violate children's rights and do not cause injustice to victims. This study recommends the importance of strengthening the juvenile justice system and increasing public understanding of alternative resolutions for criminal cases involving children, to create a more just and recovery-oriented legal system.