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Original Research

RESTORATIVE JUSTICE FOR CHILDREN IN CONFLIC WITH THE LAW STUDY IN THE MALAYA COMMUNITY OF ASAHAN NORTH SUMATRAx

AZMIATI ZULIAH 1, MADIASA ABLISAR 2, EDIWARMAN 3, and MARLINA 4.

Vol 17, No 08 ( 2022 )   |  DOI: 10.5281/zenodo.6999433   |   Author Affiliation: Student at Doctor of Law Program, Universitas Sumatera Utara, Indonesia 1; Professor, Faculty of Law, Universitas Sumatera Utara, Indonesia 2,3; Assciate Professor, Faculty of Law, Universitas Sumatera Utara, Indonesia 4.   |   Licensing: CC 4.0   |   Pg no: 1047-1054   |   To cite: AZMIATI ZULIAH, et al., (2022). RESTORATIVE JUSTICE FOR CHILDREN IN CONFLIC WITH THE LAW STUDY IN THE MALAYA COMMUNITY OF ASAHAN NORTH SUMATRAx. 17(08), 1047–1054. https://doi.org/10.5281/zenodo.6999433   |   Published on: 17-08-2022

Abstract

The concept of restorative justice in Law Number 11 of 2012 concerning the Criminal Justice System (SPPA) is oriented toward completing deliberation and promoting dialogue between the parties to find a solution that benefits all parties. The study aims to examine and analyze how the concept of restorative justice for children conflicts with the law in the Asahan Malay community and how the settlement mechanism for children conflicts with the law in the Asahan Malay community, North Sumatra. The research method used is normative and empirical juridical research with descriptive analysis. The data collection tools used is library research, a document study, interviews, questionnaires, and observations. All of the data were analyzed qualitatively to conclude depth, systematically and deductively. The research results that restorative justice for children's settlement in conflict with the law in the Malay Community of Asahan, North Sumatra, is known as the bapokat tradition in resolving cases outside the judicial process. The practice by the community in the Asahan Malay community in North Sumatra is still chosen when considering an out-of-court settlement is an option because of the disgrace in the family, and the review is more effective by the Asahan Malay community. This rule shows that cases settled in the Asahan Malay community are more successful. The traditional bapokat approach from issues resolved by the police with restorative justice.


Keywords

Asahan Malay, Children in conflict with the Law, Community, Restorative Justice.