​Victim-offender mediation with youth offenders in Indonesia

Author(s)

Syukur, Fatahillah Abdul and Dame Margaret Bagshaw

Title

Victim-offender mediation with youth offenders in Indonesia

Source

Conflict Resolution Quarterly, Online before print May 2015, pp 1-23

Date 2015
Document type Journal article
Coverage Indonesia
Summary The authors in this article critically analyse victim-offender mediation practice in Indonesia. In 2012 new legislation was introduced, Law on Juvenile Criminal Justice System 2012, that incorporates restorative justice approaches for crimes committed by certain juvenile offenders. Restrictions are placed on the suitability of youth offenders for mediation, such as the offenders must be under 12 years of age and the maximum penalty for the crime is seven years imprisonment. Only judges are permitted to be mediators in the Indonesian district courts and the victim-offender mediation process is conducted after the trial has begun and the judge has ascertained that the case is suitable for a restorative justice approach. Culturally appropriate Asian and religious values are applied to the mediation process such as praying together at the beginning and end and the values underpinning mediation are similar to the Indonesian indigenous way of resolving disputes. A detailed case study is presented to show how the mediation process is conducted.
Keywords

Indonesia; youth offenders; mediation; restorative justice; juveniles.

Topic Restorative justice