Penerapan Restorative Justice dalam Penyelesaian Tindak Pidana Perundungan Antar Siswa di Sekolah

Abstract

Bullying among students in schools requires responses that ensure the fulfillment of victims’ rights while considering the best interests of the child. This study aimed to analyze the application of restorative justice in resolving criminal acts of bullying among students and to identify factors influencing its implementation. The study employed an empirical legal approach with a qualitative method. Primary data were obtained through in-depth interviews with school management, perpetrators, and victims, while secondary data were collected through a review of child protection regulations and criminal law literature. The data were analyzed descriptively and qualitatively. The findings showed that the application of restorative justice through penal mediation supported the restoration of relationships between victims and perpetrators while maintaining attention to the fulfillment of victims’ right to justice. This approach encouraged perpetrators’ remorse, moral awareness, and responsibility, expressed through formal apologies, compensation for medical and psychological recovery, and participation in behavioral counseling. In addition, this approach supported victims’ psychological recovery and protected children from the risk of stigmatization resulting from formal criminal punishment. However, its implementation faced barriers, including educators’ limited understanding of restorative justice regulations, emotional resistance from victims’ families, and the absence of integrated standard operating procedures that incorporate child protection provisions into school rules. These findings indicate that restorative justice can support the resolution of bullying cases with an emphasis on victim recovery, perpetrator accountability, and the best interests of the child. The practical implications of the study include the need for education authorities, in collaboration with the police, to develop technical guidelines for penal mediation in schools, provide mediation training for guidance and counseling teachers, and strengthen cooperation among schools, law enforcement agencies, and the community.