Children and the Criminal Law: Legal Perspective as A Tool of Social Engineering

Muh. Fauzan Aries, Slamet Sampurno, Muhammad Ashri, Hasbir Paserangi

Abstract


Restorative justice in the juvenile justice system from a legal perspective as a tool of social engineering emerge several similarities and differences of opinion from each law enforcer regarding the implementation of diversion itself. Child investigators, prosecutors, judges and correctional officers are a unit included in a system called juvenile justice system, aimed at tackling juvenile delinquency while at the same time also being expected to provide protection to children who have problems with the law. The results show that the implementation of the principle of restorative justice in the juvenile criminal justice system is preferred to resolve the problem not only through legal settlement. But more than that, it provides an opportunity for the parties involved to determine solutions, build reconciliation as well as build good relations between victims and perpetrators. Legal form in reality (law in action) and legal form as a rule as in legislation (law in book), the ideal goal to be achieved initially departs from the ius constituendum (law aspired) in which the legal goal definitely to achieving justice.

Keywords


Children; Criminal Law; Juvenile; Restorative Justice; Social Engineering

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DOI: http://dx.doi.org/10.20956/halrev.v5i3.2362

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Hasanuddin Law Review (ISSN Online: 2442-9899 | ISSN Print: 2442-9880) is licensed under a Creative Commons Attribution 4.0 International License. Preserved in LOCKSS, based at Stanford University Libraries, United Kingdom, through PKP Private LOCKSS Network program.
 
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