Juvenile Justice and John Rawls’ Justice Perspective on Serious Crime Committed by Minors

Amiruddin Hanafi
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Amiruddin Hanafi: University of Tadulako, Indonesia

European Journal of Law and Political Science, 2023, vol. 2, issue 2, 41-45

Abstract: The management of minors in legal trouble continues to be geared toward a restorative justice approach as it develops. Unfortunately, as of yet, the method for putting the restorative justice concept into practice is still dispersed over a number of linked institutional norms and has not been incorporated into laws. The goal of this study is to evaluate the juvenile court system’s rules for providing for minors who need legal assistance as well as John Rawls’ perspective on justice as it relates to significant crimes committed by juveniles, which is now handled using a restorative justice strategy. This research uses normative legal methodologies in conjunction with statutory, conceptual, and case approaches. According to the findings of the study, the juvenile justice system in Indonesia continues to prioritize the interests of the minors; this is done so that perpetrators do not lose their rights as a kid or the future generation. Nonetheless, in serious crimes, such as murder, the kid (perpetrator) can be condemned to jail for no more than 1/2 (one-half) the maximum term of imprisonment for adults. According to John Rawls’ perspective on justice, these requirements are adequate to provide justice. But, in order to build a restorative strategy, policies at the level of legislation that may give legal certainty must be developed, especially for law enforcers such as judges in imposing criminal sanctions so as not to offend the sense of justice for victims.

Keywords: juvenile justice; justice; minors; serious crimes (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:epw:politi:v:2:y:2023:i:2:id:8081

DOI: 10.24018/ejpolitics.2023.2.2.81

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