Seeking Justice for Indonesian Children Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) 259 Seeking Justice for Indonesian Children: The Juvenile Criminal Justice System in Indonesia in the Context of Criminal Justice Reform Resty Shelya Pujiani1 , Mutia Azizah Aksan2 , Maya Sinta3 1,2,3 Faculty of Law, Universitas Negeri Semarang, Indonesia Corresponding author: restyshl@students.unnes.ac.id Abstract: Children who are in contact with law in Indonesia have their own characteristics and handling procedures through the Juvenile Criminal Justice System. Through Law Number 11 of 2021 concerning the Juvenile Criminal Justice System, the state tries to be present to protect children's rights, even though children are perpetrators of crimes. Handling criminal cases against children is certainly different from handling cases against adults, the handling of children is special because it is also regulated in separate regulations. Understanding of the process of handling children's cases, of course, there may still be some in the community who do not understand or understand, so that sometimes it gives rise to various assessments, even more fatal if there is a misjudgment that the handling of children, especially children in legal conflicts 5 get special treatment and there are also those who think that children cannot be punished even though it is not that far, it's just that the handling process is specifically regulated. This study aims to analyze the concept of justice for children in the Indonesian Child Criminal Justice System within the framework of Criminal Justice Reform. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer the substance of justice contained in the Juvenile Criminal Justice System within the framework of criminal justice reform. The location of this research was specifically carried out in the city of Semarang, and several other cities as supporting material. Supporting data in this study were also obtained from various studies on the internet. Keywords: Juvenile Justice, Concept of Justice, Juvenile Criminal Justice System, Criminal Justice Reform ISSN: 2686-2085 (Print) ISSN: 2686-2611 (Online) Vol. 4 No. 2 (2022): 259-274 DOI: 10.15294/ijals.v4i2.60033 Submitted: 18 April 2022 Revised: 27 June 2022 Accepted: 11 August 2022 Published by Faculty of Law Universitas Negeri Semarang. The Journal has been accredited by Ministry of Research & Technology (SINTA 3). © Author(s). This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. How to cite: Pujiani, Resty Shelya, Mutia Azizah Aksan, and Maya Sinta. “Seeking Justice for Indonesian Children: The Juvenile Criminal Justice System in Indonesia in the Context of Criminal Justice Reform”. Indonesian Journal of Advocacy and Legal Services 4, No. 2 (2022): 259-400. https://doi.org/10.15294/ijals.v4i2.60033. https://orcid.org/0000-00002-9501-6261 https://orcid.org/0000-00002-3335-4839 https://orcid.org/0000-0001-7490-2320 http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ https://doi.org/10.15294/ijals.v4i2.60033 Pujiani, Aksan, & Sinta 260 Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) A. Introduction Indonesia as a state of law has various laws and regulations that contain orders or prohibitions to regulate all aspects of life in society. The legislation that was formed specifically to regulate the position of children in law in Indonesia, especially with regard to the juvenile criminal justice system. This is done because on the basis of the rights possessed by a child, based on Article 28B paragraph (2) of the 1945 Constitution which states that every child has the right to survive, grow and develop and is entitled to protection from violence and discrimination.1So that a child who is not yet an adult cannot be equated with the position of an adult in the eyes of the law, especially the involvement of children in criminal acts. That way the juvenile justice system cannot be equated with the justice system that applies to adults. Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System as a form of justice that distinguishes between courts that apply to adults and applies specifically to children. The juvenile justice system considers the survival and development of a child within the scope of juvenile justice as a target that should be achieved by the juvenile justice system when a child is declared to have committed an act that violates criminal law.2This law is a change from the juvenile criminal justice system which was represented by the regime of Law Number 3 of 1997 concerning Juvenile Court which is considered outdated and no longer in accordance with the principles and spirit of the law that develops in our society today.3This change in law makes Indonesian law experience a new era where there is a change in the legal paradigm in the juvenile criminal justice system which was previously absolute and still applies the old legal paradigm approach which emphasizes that every child who commits an act against the law must be repaid with appropriate punishment based on the law. in the existing judiciary. The condition of the child needs to be considered when faced with a conflict even though the child is the perpetrator, because the nature of a child 1 Luh Putu Putri Indah Pratiwi, Dewa Gede Sudika Mangku, and Ni Putu Rai Yuliartini, "Regulation of the Position of Children Out of Wedlock After the Constitutional Court Decision Number 46/Puu-Viii/2010," Journal of the Yustisia Community 3, no. 1 (2020): 13–24.DOI: https://doi.org/10.23887/jatayu.v3i1.28831 2 Amrizal Siagian, Wiwit Kurniawan, and Tri Hidayati, “Criminal Sanctions for Child Delinquency as Perpetrators of Bullying According to Law no. 11 of 2012 concerning the Juvenile Criminal Justice System,” Humanika Scientific Journal 3, no. 3 (2020): 1–11. 3 Ade Wahyu Setyawan, "LEGAL PROTECTION OF CHILDREN IN CONFLICT WITH THE LAW," Mizan: Jurnal Ilmu Hukum 10, no. 1 (2021): 81–89. Seeking Justice for Indonesian Children Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) 261 is still not considered to understand whether his actions have legal consequences or not, so that with the juvenile justice system a child will provide justice that is more in line with the size of the perpetrator, namely underage people.4Based on a case of theft committed by a child in Palembang in 2021, cases committed by children are subject to judicial processing using the judicial system based on Law Number 11 of 2012 to be exact, CHAPTER II articles 6-15. However, dealing with criminal acts that have recently been perpetrated by children, the position of the prosecutor sometimes has difficulty making a personal approach first with the parties to the criminal conflict, so that both parties can be actively involved comfortably and not procrastinate through the process of handling cases. There are even concerns from the prosecutor's office, because law enforcement officials can receive criminal threats if they do not carry out the diversion process. Against the absence of rights for children who commit acts against the law in narcotics cases to access diversion, where the police, prosecutors and judges should really understand the juvenile justice system in Indonesia. Thus, children who are designated as perpetrators, suspects, are given more attention. The description of the problems regarding the implementation of juvenile criminal justice can be used as a reason to seek reform of the juvenile criminal justice system, in an effort to provide appropriate and appropriate legal protection for children. With juvenile justice reform, it is hoped that children in conflict with the law will not be justified as guilty children who must be punished as adults who commit crimes. Changes in the juvenile criminal justice system are aimed at educating children for the better because psychologically it must be understood that the emotional and psychological state of children is still unstable or weak in dealing with the influence of various surrounding environments. Based on this, the child becomes frustrated, However, on the other hand, cases of crimes committed by children themselves from time to time continue to increase. Data for 2021 shows that throughout Indonesia, there has been a sharp increase in cases of children in conflict with the law (ABH) in the last three months. There were 3,555 cases recorded in June, increasing to 4,928 cases in July, and 5,364 cases in August 2020. The number of cases were cases that were responded to by the Ministry of Social Affairs in June to August 2020. This figure rose sharply compared to the month of August. the same last year. This figure is very likely not to 4 Shabrim Kum, “CRIMINAL CRIMINAL ENFORCEMENT BASED ON LAW NUMBER 11 OF 2012,” LEX CRIMEN 10, no. 3 (2021). Pujiani, Aksan, & Sinta 262 Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) include all the actual incidence rates, meaning that it is very possible that there are still unreported cases (Ali, 2018; KPAI, 2020). The vulnerability of children both as perpetrators of crimes and victims of crime is increasing and this is a special concern for the existence of the legal system in Indonesia. On the more dominant side, in order to find justice for children, emphasis must be placed on certain things. Therefore, the authors are interested in taking the topic of research in the DIPA Student Research Grant scheme, Faculty of Law, Semarang State University with the title "Children's Criminal Justice System in Indonesia in the Context of Criminal Justice Reform: Seeking Justice for Indonesian Children", with the aim of going through this research. , the author can find various interesting facts related to the implementation of the Juvenile Criminal Justice System in Semarang City within the framework of justice for children and the protection of children's rights. B. Method This legal research uses a conceptual approach (conceptual approach) and an empirical approach (empirical approach), which in this study looks at various theories related to the fulfillment of children's rights in the Juvenile Criminal Justice System in Indonesia. The conceptual approach is used to see the various views and doctrines that live and apply in the people of Semarang City in seeing the implementation of the fulfillment of children's rights within the framework of the Juvenile Criminal Justice System. The empirical approach will see the development of cases directly and law enforcement from time to time, along with various implementations of human rights for children that are realized in the people of Semarang City. This research is included in empirical juridical law research, where in this study the study of legislation will be analyzed, observed, documented, and seen directly in the field, in the people of Semarang City. C. Results and Discussion 1. The Concept of Justice for Children in the Child Criminal Justice System in Indonesia The rights of children in the constitution in Indonesia have been recognized in the 1945 Constitution Article 28B paragraph (2) which stipulates that every child has the right to survive, grow and develop and has the right to self-protection from violence and discrimination. The article is a Seeking Justice for Indonesian Children Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) 263 tool that can be used by the state to assist in handling problems related to children's rights and is grouped as an article containing human rights. Children are legal subjects and national assets who are in a strategic position to become the successor of the Indonesian nation. Children's rights in this case are in the form of providing a sense of justice that cannot be equated with justice given to adults, when both are brought before criminal justice. Criminal justice has a relationship with the realization of material criminal law enforcement, through the implementation of formal criminal law by not forgetting social values in society.5The view in the form of social values is needed to create a balance that leads to justice, through the differences between the juvenile justice system and adults. As children's rights are taken into consideration in every process of implementing criminal justice, so that it reflects that the justice system is not rigid, namely by only prioritizing legal certainty and without seeing a sense of injustice based on the values that exist in society towards children's rights. Recognition of children's rights is contained in the juvenile criminal justice system which aims to ensure the protection of children's rights, even if the child is in a bad condition, such as violating legal provisions and norms. This was then made a rule in the form of Law No. 3 of 1997 concerning Juvenile Court. However, the regulation is considered unable to regulate juvenile court and is considered not in accordance with the conditions and development of the community. Therefore, the government then established Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. In the law, there are principles of juvenile justice which include: 6 1) the best interests of the child; 2) respect for the opinion of the child; 3) Survival and development of children; 4) Guidance and guidance of children; 5) Deprivation of liberty and punishment as a last resort and avoidance of retaliation. Then, Article 3 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System regulates the rights of children in the criminal justice process: 5 Ahmad Faizal Azhar, "Application of the Concept of Restorative Justice in the Criminal Justice System in Indonesia," Court: Journal of Islamic Law Studies 4, no. 2 (2019): 134– 43. 6 Elfa Murdiana, “ACCESS TO CHILD JUSTICE IN THE CRIMINAL JUSTICE SYSTEM IN INDONESIA; OBSTACLES AND EFFORTS,” EQUIVALENT: Journal of Gender and Child Studies 3, no. 1 (2021): 81–94. Pujiani, Aksan, & Sinta 264 Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) a. Treated humanely by paying attention to the needs according to their age b. Being separated from adults, doing recreational activities c. Free from torture, cruel, inhuman and degrading punishment or treatment d. Not sentenced to death or life imprisonment e. Not arrested, detained or imprisoned, except as a last resort and for a short period of time. In criminal law, if a child commits a crime that violates legal norms, it is always associated with the child's weakness compared to adults, including the inability of a child's mind, the mentality of the child, and the morality of the child that has not been fully developed in the child and other factors that influence it.7The form of this problem relates to the importance of protection for children who are experiencing problems or legal involvement and require special efforts to save children. However, it does not rule out a criminal case only for the benefit of the child as a suspect and ignores the rights of someone who is the victim. The Juvenile Criminal Justice System in Indonesia is a restorative justice that carries out the process of resolving criminal cases by emphasizing recovery and peace and is not based on revenge. Restorative Justice is based on 5 (five) principles in the form of thoughts which are contained as follows "Five Principles of Restorative Justice":8 1. Focus on harm and consequent needs (victims, but also communities and perpetrators). 2. Deal with the liability resulting from the loss (by the violator but also the family, community and society). 3. Using an inclusive collaborative process. 4. Involve those who have a legitimate interest in the situation (victim, perpetrator, family, community member, community). 5. Trying to fix mistakes. The use of the juvenile criminal justice system through a restorative justice approach with the aim that the parties concerned, whether victims, perpetrators, families and communities, can resolve legal actions by a child who is against the law by providing understanding and understanding of the child's bad behavior, not forgetting pay attention to justice for victims. 7 Ramdani Ramdani, “CHILD RIGHTS IN THE CHILD CRIMINAL SYSTEM IN INDONESIA,” State and Justice 9, no. 1 (2020): 91–97. 8 Rr Putri A Priamsari, “Seeking Justice for Children Through Diversion,” LAW REFORM 14, no. 2 (2018): 220–35. Seeking Justice for Indonesian Children Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) 265 According to Muladi, that the criminal justice system is a form of synchronization and continuity which can be explained as follows:9 1. Structural synchronization is a harmonious working relationship between law enforcement agencies; 2. Substantial synchronization is alignment that is vertical and horizontal in relation to positive law; and 3. Cultural synchronization is harmony in living out the views, attitudes and philosophies that underlie the overall operation of the criminal justice system. Based on Muladi's opinion, that the unity between the sub-systems in juvenile criminal justice must look at the existing structural, substantial and cultural, so that when one of the sub-systems in the juvenile criminal justice system does not implement the concept or approach of restorative justice, the concept or approach of restorative justice does not can run well. Child criminal cases do not have to be resolved through the courts, but using other alternatives. According to the restorative approach, children who have cases and are dealing with the law can be diverted by considering justice for the victim.10Diversion itself is the transfer of settlement of cases of children who have committed criminal acts from the formal process with/or without conditions. Diversion is carried out by placing children under a social supervision agency that assists the implementation of the criminal justice system as stipulated in Law Number 11 of 2012. With this diversion authority, the apparatus becomes a facilitator for handling children in conflict with the law by appealing to all parties involved to resolve the problem. resolved by an informal process that leads to restorative justice. Restorative justice aims to improve criminal behavior committed by children with actions that are beneficial to children. 2. Implementation of the Fulfillment of Children's Rights in the Child Criminal Justice System in Indonesia A child included in the scope of criminal justice is a child who is experiencing a conflict within the scope of criminal law, the position of the child in this case sees his position as a suspect or perpetrator for a criminal act he has committed. Juvenile criminal justice in this case has consequences 9 SH Kasmanto Rinaldi, CRIMINAL JUSTICE SYSTEM IN CRIMINOLOGY (Ahlimedia Book, 2022). 10 Luh Putu Esty Bisantari and I Wayan Windia, "EXISTENSION OF THE DIVERSION SYSTEM IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA," Kertha Wicara: Journal of Legal Studies, 2018. Pujiani, Aksan, & Sinta 266 Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) for actions taken by children, which in its implementation are distinguished from the implementation of criminal justice for adults.11Differences in the implementation of juvenile justice are carried out to ensure the growth and development of children in their position as the nation's next generation. The right of children to get growth and development must be guaranteed by the state, even though a child is declared a suspect or accused of a crime. As Indonesia has guaranteed the growth and development of children as stated in Law Number 4 of 1979 concerning Child Welfare which in Article 2 Paragraphs (3) and (4) explains that children have the right to guaranteed care and protection both in the womb and at birth. for life that may be dangerous and/or hinder proper growth and/or development.12 The rights of the child as a suspect are placed in the position of the child to get protection in the realm of the implementation of criminal justice, these rights include:13 1. Right to protection from violence and psychological health; 2. The right to obtain legal aid; and 3. The right to obtain open development and growth. The position of children's rights in Indonesia as suspects in criminal justice is regulated in Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. This law serves as the basis for implementing child criminal law enforcement in Indonesia, one of which contains the rights of the perpetrator as a child, with its implementation accommodating the principle of the best interest of the child in the form of diversion. This diversion then puts forward the approachrestorative justice, as a way to resolve criminal cases. Diversion of the settlement of child crimes in Indonesia through the approachrestorative justice, by emphasizing the settlement of children's cases by avoiding the imposition of prison court decisions. This is done to maintain the right to a good name and label a child as an ex-convict, because the child's future is at stake because of the label attached to him. Even through this diversion, a child who becomes a suspect does not need to go through the process of solving problems through criminal justice. This diversion provision 11 Bambang Purnomo and Gunarto Gunarto, "Law Enforcement of Criminal Acts of Children as Actors in the Juvenile Criminal Justice System (Case Study at the Tegal Police)," Khaira Ummah Law Journal 13, no. 1 (2018): 45–52. 12 Ikhsan Ikhsan et al., "Efforts to Protect Children in Criminal Justice in the Era of 'New Normal' Enforcement During the Covid-19 Pandemic in Indonesia," Journal of Legal Studies 9, no. 2 (2020): 225–42. 13 Candra Hayatul Iman, "Criminal Law Policy for Child Protection in Renewing the Criminal Justice System in Indonesia," Journal of Law and Justice 2, no. 3 (2018): 358– 78. Seeking Justice for Indonesian Children Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) 267 by Sir Anthony Mason, emphasizes the approach modelrestorative justicehas been widely used in the settlement of criminal cases committed by children and adolescents.14 The obligation of law enforcement authorities to seek settlement of juvenile criminal cases through diversion at all stages of the criminal justice process. In this case, law enforcement officers can receive criminal threats if they do not carry out the diversion process. The fact is that this incident happened until September 16, 2017, which prompted the unit of prosecutors in Indonesia to file a judicial review (JR) of Article 99 of Law Number 11 of 2012 on the potential to criminalize prosecutors. As for the absence of rights for children who commit acts against the law in narcotics cases to access diversion, where the police, prosecutors and judges should understand the juvenile justice system in Indonesia as regulated in the Juvenile Criminal Justice System Act.15The basis for implementing self-diversion with the approachrestorative justicecarried out using the legal basis of the Joint Decree (SKB) in 2010 which was signed by the Chief Justice of the Supreme Court of the Republic of Indonesia, the Attorney General of the Republic of Indonesia, the Head of the Indonesian National Police, the Minister of Law and Human Rights of the Republic of Indonesia, the Minister of Social Affairs of the Republic of Indonesia, and the Minister of Women's Empowerment and Child Protection of the Republic of Indonesia No. 166A/KMA/SKB/XII/2009, No.148 A/A/JA/12/2009, No.B/45/XII/2009, No.M.HH-08 HM.03.02 Year 2009, No.10/ PRS-s/KPTS/2009, 02/Men.PP and PA/XII/2009 on Handling Children in Conflict with the Law.16 Based on the rights held by children, in juvenile criminal justice, children's cases are specifically resolved. This special protection is contained in Article 17 paragraph (1) of the Juvenile Criminal Justice System Law which states that Investigators, Public Prosecutors, and Judges are obliged to provide special protection for children being examined for criminal acts they have committed. Based on a theft case committed by a child in 14 Sapto Budoyo and Ratna Kumala Sari, "The Existence of Restorative Justice as the Purpose of Implementing Diversion in the Juvenile Justice System in Indonesia," Journal of Meta-Yuridis 2, No. 2 (2019). 15 Iva Kasuma, Ian Aji Hermawan, and Melly Setyawati, "The Problems of Implementing Diversion for Children Facing the Law in Child-Friendly Cities (Studies on Law Apparatus, City Governments and Communities in Depok and Surakarta)," Journal of IUS Studies of Law and Justice 8, no . 2 (2020): 350–71. 16 Muh Rijal, Sufirman Rahman, and Baharuddin Baharu, “IMPLEMENTATION OF THE CONCEPT OF RESTORATIVE JUSTICE IN THE CASE OF CHILDREN IN CONFLICT WITH THE LAW AT THE POLICE RESORT OF MAKASSAR BIG CITY,” The Juris 4, no. 2 (2020): 87–101. Pujiani, Aksan, & Sinta 268 Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) Palembang in 2021, cases committed by children are subject to judicial processing using the judicial system based on Law Number 11 of 2012 to be precise Articles 6 to 15. Children who commit criminal acts theft will be processed through the juvenile justice system by prioritizing restorative justice, because the application of restorative justice can be through diversion, where the goal of diversion is a representation of restorative justice. However, narcotics cases in Indonesia where children are suspects in the implementation of criminal justice have not been carried out in accordance with the juvenile justice system, children in this case are considered as users as well as dealers. The difference in treatment of children involved in drug cases gives rise to the character that the shapers of the implementation of juvenile criminal justice in Indonesia have indirectly built polarization of ambiguous thinking and discriminatory attitudes. 3. Barriers and Constraints in Fulfilling Children's Rights in the Child Criminal Justice System in Indonesia The process of implementing criminal enforcement is a form of examination whose procedures are regulated in Article 3 of the Criminal Procedure Code. This law determines the rights and obligations that must be fulfilled for those involved in criminal justice cases, especially in juvenile criminal cases. The need for child protection is inseparable from the sustainability of children's welfare as the nation's young generation. Fulfillment of rights without discrimination will guarantee the future of children who are perpetrators, victims, and witnesses of criminal justice so that systematic rules are needed that are able to integrate the fulfillment of the expected justice. In the juvenile justice system, legal assistance is required by legal advisers, parents, guardians or foster parents, and community advisors. All of them are needed because they have their respective roles. Legal advisors have different functions as defenders of the defendant's legal interests. This is stated in Law Number 11 of 2012, concerning the Juvenile Justice system which states that children have the right to obtain legal assistance during the juvenile criminal justice process and at every level of examination. According to Soerjono Soekanto, the main problem of law enforcement actually lies in the various factors that influence it, both external and internal. Factors that can influence this include: concerning the Juvenile Justice system which states that children have the right to obtain legal assistance during the juvenile criminal justice process Seeking Justice for Indonesian Children Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) 269 and at every level of examination. According to Soerjono Soekanto, the main problem of law enforcement actually lies in the various factors that influence it, both external and internal. Factors that can influence this include: concerning the Juvenile Justice system which states that children have the right to obtain legal assistance during the juvenile criminal justice process and at every level of examination. According to Soerjono Soekanto, the main problem of law enforcement actually lies in the various factors that influence it, both external and internal. Factors that can influence this include: 1. The legal factor itself, which in this paper will be limited by law only. 2. Law enforcement factors, namely the parties that form and apply the law. 3. Factors of facilities or facilities that support law enforcement. 4. Community factors, namely the environment in which the law applies or is applied. 5. Cultural factors, namely as a result of work, creativity and taste based on human initiative in social life. As has been described in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, essentially this diversion also has the aim of preventing children from the negative impact of punishment. The diversion obligation by law enforcement has been regulated in article 7 paragraph (1) Law Number 11 of 2012 which states that at the level of investigation, prosecution, and examination of children's cases in the District Court, diversion must be sought. However, the implementation of diversion encountered various obstacles. In actual practice, the victim does not want the case to receive a fair punishment for the perpetrator's evil actions, namely, to continue the case to the trial process so that it creates a deterrent effect. Another factor that causes the unsuccessful enforcement of the judicial system is that there is no common ground or in other words no agreement is reached. In addition, obstacles also arise from the negative response of the community to efforts to resolve through peace and kinship routes carried out by law enforcement officers who are considered to only side with certain parties based on normative decisions through the text of written laws. Though the mental and psychological elements of the perpetrator and the victim need to be considered. The mindset that exists in the community until now is that if someone commits a crime, be it adults or children, they must be subject to sanctions, if necessary, severe sanctions for perpetrators of criminal acts. Punishment for perpetrators of child crimes does not then achieve justice for the victims, considering that from the other side it still leaves its own problems that are not resolved even though the perpetrators have been Pujiani, Aksan, & Sinta 270 Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) punished. There are 3 aspects of the approach to building a legal system in the context of modernization and legal reform, namely in terms of structure, substance, and culture. ChangeThe style and way of life of some people have brought about fundamental social changes in social life which of course affect the values and behavior of children. In addition, children who lack or do not get love, care, and guidance in developing attitudes will be easily dragged into the flow of social interactions and an unhealthy environment and harm their personal development. Seeing the principles on child protection, especially the principle of prioritizing the best interests of the child, it is necessary to process child cases outside the usual criminal mechanism used. Punishment institutions are not a way to solve children's problems because they are prone to violations that have a major impact on children's mental health. An alternative solution to overcome the obstacles that have been described is to present the concept of diversion and restorative justice which aims to provide protection for criminals, victims, and society in general asa form of case resolution that focuses on how to deal with its implications in the future. Alternative dispute resolution in court usually uses a negotiation process as the simplest dispute resolution, mediation involving third parties who have expertise in their fields to help resolve problems, and conciliation as an effort to bring together the parties' wishes to reach an amicable agreement. The idea of restorative justice in the juvenile criminal justice system in Indonesia as a form of case resolution is considered effective in diversion. Of course, in the presence of several court cases the use of diversion has been successful and some has not. However, until now diversion has been interpreted as being more effective for transferring the process to a long and very rigid juvenile case settlement system. It can also go through a process of mediation or deliberation as an integral part of diversion to achieve restorative justice. From an operational perspective, maximizing an integrated service center specifically for juvenile criminal justicewill be more convincing professionalism in public. Meanwhile, in terms of law enforcement, professionalism can be increased based on adjustments to the juvenile justice system in Indonesia which is regulated in the Child Criminal Justice System Act 2012. Thus, children who are designated as perpetrators, suspects, are paid more attention by not neglecting their rights. victim of what happened. Seeking Justice for Indonesian Children Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) 271 D. Conclusion The government established Law Number 11 of 2012 concerning the Juvenile Criminal Justice System as the basis for implementing child criminal law enforcement in Indonesia, one of which includes the rights of the perpetrator as a child, with its implementation accommodating the principle of the best interest of the child in the form of diversion. ). This diversion then puts forward a restorative justice approach, as one way to resolve criminal cases. However, the implementation of diversion encountered various obstacles. In actual practice, the victim does not want the case to receive a fair punishment for the perpetrator's evil actions, namely to continue the case to the trial process so that it creates a deterrent effect. Another factor that causes the unsuccessful enforcement of the judicial system is that there is no common ground or in other words no agreement is reached. In addition, obstacles also arise from the negative response of the community to efforts to resolve through peace and kinship routes carried out by law enforcement officers who are considered to only side with certain parties based on normative decisions through the text of written laws. The Juvenile Criminal Justice System in Indonesia is a restorative event that carries out the process of resolving criminal cases by emphasizing recovery and peace and is not based on revenge. Child criminal cases do not have to be resolved through the courts but using other alternatives. E. Acknowledgments We would like to thank to Faculty of Law Universitas Negeri Semarang, Research and Community Services Faculty of Law UNNES, Ms Nurul Fibrianti SH MHum for her valuable comments and feedbacks, Mr Ridwan Arifin SH LLM for supervising this research F. Declaration of Conflicting Interests All authors declare that there is no conflict of interest in this research or publication of this research. Pujiani, Aksan, & Sinta 272 Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) G. Funding This research funded by Faculty of Law Universitas Negeri Semarang through scheme Hibah Penelitian Mahasiswa Dana DIPA FH UNNES 2022. H. References Azhar, Ahmad Faizal. “Penerapan Konsep Keadilan Restoratif (Restorative Justice) Dalam Sistem Peradilan Pidana Di Indonesia.” Mahkamah: Jurnal Kajian Hukum Islam 4, No. 2 (2019): 134–43. 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Siagian, Amrizal, Wiwit Kurniawan, and Tri Hidayati. “Sanksi Pidana Kenakalan Anak Sebagai Pelaku Bulliying Menurut Uu No. 11 Tahun 2012 Tentang Sistem Peradilan Pidanan Anak.” Jurnal Ilmiah Humanika 3, No. 3 (2020): 1–11. ABOUT AUTOR(S) Resty Shelya Pujiani is an undergraduate student at the Faculty of Law Universitas Negeri Semarang, Indonesia. Mutia Azizah Aksan is an undergraduate student at the Faculty of Law Universitas Negeri Semarang, Indonesia. Maya Sinta is an undergraduate student at the Faculty of Law Universitas Negeri Semarang, Indonesia. Pujiani, Aksan, & Sinta 274 Indonesian Journal of Advocacy and Legal Services, Vol. 4 No. 2 (2022) If you want peace, work for justice. Pope John Paul II