Access to Justice for Children in Conflict With The Law Through A Restorative Justice Approach
Year: 2026
Type: article
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.
Source: Indonesian Law Journal
Author: Emirza Nur Wicaksono
Institution: Indonesia Open University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7224790551