KONSEPTUALISASI PENERAPAN PERADILAN RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PEDOFILIA DI INDONESIA

Abstract

Pedophilia occurs in various places, in several acts and various types of
perpetrators. Resolutions of this problem have not stop in one form. Using the
concept of Restorative Justice to achieve humanitarian justice is a concept that
will be a progressive step in the settlement of non-criminal pedophilia. This
research aims to: first, understand the current regulations for pedophiles in
Indonesia, second, to find out the relevance of Restorative Justice to be applied in
the criminal prosecution of pedophilia in Indonesia.
This type of research is classified as a normative study using concept of
Restorative Justice and correlation principle to approach the issues, secondary
data is used by collecting data from library research, analyzed by qualitative
juridical analysis and concluded using descriptive analytical methods.
From this research we can conclude two main things. First, the current
regulations for pedophiles in Indonesia can now be found in the Criminal Code
(KUHP) and Law Number 23 Year 2002 concerning Child Protection, which is
changed into Law Number 35 Year 2014 junto Act Number 23 of 2002 concerning
Child Protection, which then underwent a second change with Act Number 17 of
2016 concerning the Establishment of Perpu Number 1 of 2016 into Law.
However, in this regulation, the punishment only focus on the detention of the
perpetrators without considering other factors behind their actions, and did not
provide definitive protection for victims. Second, the relevance of restorative
justice (Restorative Justice) to be applied in Indonesia to pedophilia criminal
cases in terms of several aspects such as; ethics and values of the Pancasila and
Indonesia’s culture are not conflicted and can be coincide. So, the concept of
restorative justice against pedophile perpetrators can be applied in Indonesia
with the right and appropriate arrangements.
Keywords: Pedophilia, Restorative Justice, Children