Access to Justice for Child Victims: Examining the Juvenile Justice System
Ahmad Sofian and Rena Yulia

Bina Nusantara University and Sultan Ageng Tirtayasa University

Abstract

Crimes committed by children with child victims often cause prolonged polemics. In many cases, when the perpetrator is a child and the victim is a child, an out-of-court settlement (diversion and restorative justice) is carried out, but unfortunately this settlement does not bring justice to the child as a victim. Another issue that arises is whether diversion is also in the best interest of the child victim? How is access to justice for child victims in the juvenile criminal justice system? The purpose of this research is to examine access to justice for child victims in the juvenile criminal justice system. The method used is legislative approach in the framework of criminal law reform. The results showed that the juvenile criminal justice system has not provided access to justice for child victims. Therefore, it is necessary to regulate the involvement of child victims in the diversion process, the right of child victims to obtain restitution from any criminal offense committed by the child and the right to obtain a new identity for child victims who need it. This is the provision of access to justice for child victims within the framework of reforming the juvenile criminal justice system.

Keywords: child victim- juvenile criminal justice system- restitution

Topic: Law