Pergeseran Paradigma Sistem Peradilan Pidana : Transisi dari Pendekatan Retributif ke Restoratif dalam Perspektif Viktimologi Studi Kasus : Peradilan Pidana Anak

Abstract

Direction of criminal justice in Indonesia is currently experiencing a shiftfrom retributive to restorative-rehabilitative or daad-dader-strafrecht or model ofbalance of interests. This is confirmed by Laws Number 11 of 2012 on JuvenileJustice System, which states in Article 6 to Article 8 that emphasizes the conceptof restorative justice through diversion. Both of these concepts allow the settlement of children out of the criminal justice. However, not all criminal offenses commit-ted by children can be settled out of court (diversion). Juvenile justice has traditionally relied heavily on a retributive approach that emphasizes punishment without adequately considering the special needs of children as vulnerable legal subjects. This approach often results in secondary victimization and fails to provide space for the recovery of both victims and offenders. With the advancement of victimology and the understanding of children's rights, a paradigm shift toward a restorative approach has emerged, focusing on recovery, reconciliation, and child protection. This study aims to analyze the paradigm transition in Indonesia’s juvenile justice system from retributive to restorative approaches and its implications for child rights protection. The method employed is a literature study with a juridical-normative approach. Findings indicate that restorative approaches can reduce negative impacts on children and enhance substantive justice by involving victims, offenders, and communities in case resolution processes. However, implementation faces various regulatory and cultural challenges.

Keywords : Victimology, Juvenile Justice, Retributive Approach, Restorative Approach, Criminal Justice System.