RESTORATIVE JUSTICE AND CUSTOMARY LAW STUDIES IN JUVENILE CASES: WHY SHOULD INDONESIA LEARN FROM VARIOUS COUNTRIES?

Abstract

This study explores the role of customary law in resolving juvenile criminal cases through restorative justice mechanisms. Children, particularly those in conflict with the law, are vulnerable and require special protection. Restorative justice emphasizes resolving cases based on mutual agreement among victims, offenders, families, and communities. Through a comparative legal approach and doctrinal research, the paper analyzes practices in various countries, highlighting how customary laws and traditional institutions support restorative justice without violating national laws or international human rights principles. In Indonesia, the application of restorative justice offers several advantages: prioritizing victim-centered outcomes, facilitating rehabilitation for all parties, and encouraging offender accountability. The findings suggest that integrating restorative justice into juvenile justice systems, guided by community values and legal norms, can enhance justice delivery and uphold children's rights.