PENERAPAN RESORATIVE JUSTICE TERHADAP ANAK PELAKU KEKERASAN SEKSUAL (Suatu Studi Di Polres Kendari)
Abstract
This study aims to determine the settlement of cases of children who commit sexual crimes through the Restorative Justice approach in Kendari City, to determine the factors that inhibit the settlement of cases of sexual crimes committed by children through the Restorative Justice approach in Kendari City. This study was conducted in Kendari City, precisely at the PPA Unit of the Kendari Police Office, Kendari City, by conducting interviews and obtaining data documents related to the problems in the author's writing. Interviews were conducted by asking questions that were relevant to the topic raised. The second approach was to describe descriptively the results of the interviews and then analyze the data. The results of this study indicate that the Settlement of Cases of Children who commit sexual crimes through the Restorative Justice approach in Kendari City has been implemented in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Criminal acts committed by children that can be diverted with the Restorative justice policy are acts that are subject to imprisonment of less than 7 (seven) years and are not criminal acts. In addition, in the case of children being charged with committing a crime that is threatened with imprisonment of less than 7 (seven) years, where from 2016 to 2020, out of 54 cases of sexual violence committed by children, there were 16 cases that resolved the application of diversion through the Restorative Justice approach and 38 cases were further processed by the prosecutor's office, this is because it is included as a recedivice and the action exceeds 7 years, the factors that cause incidents in sexual cases committed by children through Restorative Justice in Kendari City are the Legal Culture Factor That Does Not Yet Support the Implementation of Restorative Justice, the Facilities and Infrastructure Factor, the Police Human Resources Factor, and the High Customary Fines Factor
