Implementation of Criminal Sanctions and Measures Against Children in The Jurisdiction of The Nabire Police Department
DOI:
https://doi.org/10.55324/josr.v5i9.3391Keywords:
Implementation of Criminal Sanctions, Diversion Effort, Restorative JusticeAbstract
Children in conflict with the law remain a significant challenge within juvenile justice systems because legal responses must balance accountability, child protection, rehabilitation, and social reintegration. Although Indonesia has established the Juvenile Criminal Justice System through Law Number 11 of 2012, the implementation of criminal sanctions and measures against children continues to face practical challenges, particularly in the application of diversion and restorative justice mechanisms at the law enforcement level. This study aimed to examine the implementation of criminal sanctions and measures against children within the jurisdiction of the Nabire Police Department, focusing on the application of diversion, restorative justice, and the factors influencing the handling of juvenile cases. This research employed a socio-legal approach that combined normative juridical and empirical juridical methods. Data were collected through legal document analysis, literature review, and interviews with relevant stakeholders, including police officers, victims, families, and community representatives. The findings indicate that the Nabire Police Department prioritized restorative justice and diversion as the primary approaches for resolving juvenile cases to prevent unnecessary formal criminal proceedings. The implementation process involved reconciliation between perpetrators and victims, compensation mechanisms, parental involvement, and coordination with child protection institutions. However, several challenges remained, including differences in victim acceptance, institutional limitations, and the need for stronger inter-agency cooperation. The study concludes that criminal sanctions and measures against children should be implemented proportionally by prioritizing rehabilitation and child protection principles while maintaining accountability. Strengthening institutional capacity, professional competence, and restorative justice mechanisms is recommended to improve the implementation of juvenile justice in the future.
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Copyright (c) 2026 Sri Iin Hartini, Yohanis Sudiman Bakti, Jhosua Yudianto Halomoan
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