PEMENUHAN HAK ANAK MELALUI PROGRAM DIVERSI PADA ANAK YANG BERKONFLIK DENGAN HUKUM MELALUI RESTORATIVE JUSTICE

Kaboel Suwardi

Abstract


Justice for children in conflict with law
should be interpreted essentially as a, which
are permanent and will continue to give to
everyone what should have for him: Iustitia
constans et est voluntas ius suum Perpetua
cuiqe tribuendi. Changing the philosophy of
juvenile delinquency treatment of perpetrators
of the retributive or rehabilitative model of
restorative justice, which basically takes the
concept of John Braithwaite’s theory of
Reintegrative Shaming.
This model could be in line with the
approach underlying the rules and values in
the Convention on Rights of the Child is an
approach to welfare, in which young offenders
as much as possible be kept away from the
process of condemnation of the criminal justice
system.
This model can be obtained through a
responsive legal thought through approach to
handling model of restorative justice with
children in conflict with law through diversion
program, which is a way to settle the case
outside the formal system of law enforcement
(non litigation).
Key words: child rights, restorative justice,
diversion


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Cakrawala Hukum
Faculty of Law, Universitas Wijayakusuma
Beji-Karangsalam Street, No. 25, Karangsalam Kidul, Kedung Banteng, Banyumas, Central Java, Indonesia 53152