Building restorative justice in Gampong as a bottom-up legitimisation of the protection of children in conflict with the law in Indonesia: case study in Aceh

Abstract

Restorative justice is a theoretical framework used to address the issue of juveniles involved in criminal activities. This notion is prevalent in the Gampong settlement of Aceh region. The study investigates the efficacy of the Gampong settlement in mitigating the involvement of minors in criminal activities. The principles governing the resolution of criminal offenses within indigenous communities are comparable to the notion of restorative justice, which is currently implemented within the juvenile criminal justice system of Indonesia. The investigation was conducted at Langsa. Additionally, interviews were conducted with respondents and informants who were relevant to the subjects of the study. As stated in Qanun No. 9/2008 regarding the Progress of Traditional Way of Life and Customs in Aceh Qanun No. 10/2008 concerning customs institutions pertains to qanuns who honor and impart local knowledge in Langsa through the administration of customary criminal justice procedures involving minors involved in unlawful activities, as resolved through Gampong. Prior to undertaking legal settlement efforts, the settlement reached in the Gampong was the primary resolution. In the event that law enforcement officials resolve the case, they are still obligated to return it to the Gampong apparatus for further settlement. Gampong facilities continue to have a vibrant presence in the Langsa region in Aceh Province. By employing consensus deliberation, also referred to as restorative justice, a settlement based on local knowledge in Langsa achieves harmony through a win-win resolution.