Review of Restorative Justice on Children Which Are Victims of Domestic Violence in the Jurisdiction of the Samarinda City Police Office

Abstract

Children are very vulnerable to becoming victims of criminal acts and because of their incompetence, children are not yet able to determine their destiny properly so they still depend on their parents and need protection. However, it is not uncommon for children to become victims of violence from their biological parents. The issues raised concern the form of legal protection for children who are victims of violence by their parents and the legal consequences for parents who commit violence against their biological children. The type of research used is empirical research. The problem approach used is a qualitative approach using direct research in the field by conducting interviews at the police institution to obtain information so that the data obtained is by expectations.  The results of the study indicate that legal protection for children who are victims of violence by their biological parents is provided with medical assistance in the form of examination by a doctor a Visum et Repertum is carried out and the suspect is detained for examination purposes. The legal consequences for the suspect, namely parents who commit violence against their biological children, are subject to a maximum prison sentence of 3 years and 6 months and/or a maximum fine of IDR 72,000,000.00 and the sentence is increased by one-third of the provisions because it was carried out by the biological parents, by Article 80 Paragraph (1) and Paragraph (4) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. However, in this case example, mediation was carried out in the Samarinda City Police Resort area by resolving the case with Restorative Justice.