ANALISIS PENYELESAIAN TINDAK PIDANA PENGANIAYAAN TERHADAP ANAK MELALUI SARANA NON-PENAL DENGAN PENDEKATAN RESTORATIVE JUSTICE

This study analyzes the resolution of child abuse cases through non-penal means, employing a restorative justice approach at the East Flores District Attorney’s Office. The research aims to examine the implementation of restorative justice and the rationale for resolving cases through this approach. It utilizes an empirical legal research method with a qualitative approach. Data were collected through interviews, non-participant observation, and document analysis, and subsequently analyzed using a descriptive qualitative method. The findings indicate that the implementation of restorative justice involves assessing case eligibility, proposing reconciliation, conducting deliberations at a "Restorative Justice House," drafting agreements, obtaining hierarchical approval, and terminating prosecution. Restitution is achieved through apologies, the payment of medical expenses, and the imposition of social sanctions. The rationale for its application includes the fulfillment of legal requirements, voluntary reconciliation, the nature of the social relationship between the parties, the best interests of the child, community response, and the perpetrator's willingness to take responsibility. The success of restorative justice is determined by the restoration of the victim, the protection of the child, the accountability of the perpetrator, and the prevention of recidivism.