Access to Justice for Children in Conflict With The Law Through A Restorative Justice Approach

This study analyzes access to justice for children in conflict with the Law in Indonesia through a restorative justice framework. It focuses on legal regulation, implementation effectiveness, normative constraints, and potential strategies to strength the approach. The research adopts a normative legal method, applying statutory and conceptual approaches based on primary and secondary legal materials. The findings indicate that restorative justice has been formally incorporated into the national legal system, particularly through diversion. However, its implementation remains insufficient in ensuring inclusive access to justice for children as offenders, victims, and witnesses. Key constraints include the limited scope of diversion, regulatory disharmony, and the lack of clear technical guidelines. The study concludes that improving restorative justice requires regulatory reform, stronger legal harmonization, and enhanced institutional capacity, supported by a more progressive legal culture. These findings contribute to the development of restorative justice theory and offer practical policy recommendations to strengthen legal protection for children.

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Publication Details

Journal
Indonesian Law Journal
Published
2026-10-30
DOI
https://doi.org/10.33331/ilj.v19i1.212
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Access to Justice for Children in Conflict With The Law Through A Restorative Justice Approach

Emirza Nur Wicaksono
2 links
Indonesian Law Journal
Legal and Social Justice Studies
article

Access to Justice for Children in Conflict With The Law Through A Restorative Justice Approach

Emirza Nur Wicaksono
article en

Abstract

This study analyzes access to justice for children in conflict with the Law in Indonesia through a restorative justice framework. It focuses on legal regulation, implementation effectiveness, normative constraints, and potential strategies to strength the approach. The research adopts a normative legal method, applying statutory and conceptual approaches based on primary and secondary legal materials. The findings indicate that restorative justice has been formally incorporated into the national legal system, particularly through diversion. However, its implementation remains insufficient in ensuring inclusive access to justice for children as offenders, victims, and witnesses. Key constraints include the limited scope of diversion, regulatory disharmony, and the lack of clear technical guidelines. The study concludes that improving restorative justice requires regulatory reform, stronger legal harmonization, and enhanced institutional capacity, supported by a more progressive legal culture. These findings contribute to the development of restorative justice theory and offer practical policy recommendations to strengthen legal protection for children.

Indonesian Law JournalVol. 19(1)
Indonesia Open University (ID)
Peace, justice, and strong institutions, Reduced inequalities
Openalex Percentile: Top 3%
Legal and Social Justice Studies
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