LEGAL CERTAINTY AND JUSTICE IN THE IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARDS CHILD CRIMES IN INDONESIA

Abstract

The implementation of restorative justice in the Indonesian juvenile criminal justice system represents a paradigm shift from a retributive approach to a more humanistic and contextual approach. Restorative justice is not only intended as a mechanism for resolving cases outside the courts, but also as a means to achieve substantive justice and legal certainty that is balanced between perpetrators, victims, and the community. This study aims to analyze two main aspects: legal certainty in the application of restorative justice to juvenile perpetrators of crimes and the extent to which this approach is able to create substantive justice. The method used is normative juridical with a qualitative-descriptive analysis of legal norms and their implementation practices. The results of the study indicate that although restorative justice has been normatively accommodated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, its implementation still faces various serious obstacles. The lack of uniformity in technical regulations, weak capacity of law enforcement officers, and minimal victim participation are the main challenges in ensuring legal certainty and justice in practice. This study recommends harmonizing cross-institutional regulations, increasing the capacity of officials, and establishing supporting institutions that can ensure the fair, transparent, and accountable implementation of restorative justice. With the right approach and consistent implementation, restorative justice has the potential to become a key milestone in juvenile criminal law reform that upholds the protection of children's rights and social justice.