Study of the Benefits of Law in the Implementation of Restorative Justice for Children as Victims and Perpetrators of Criminal Acts

Abstract

Restorative justice is an approach to resolving criminal cases that prioritizes the restoration of losses and the repair of social relationships between the offender, the victim, and the community. In the context of children as either victims or perpetrators of criminal acts, this approach is considered more humane than formal judicial processes, which may generate adverse effects on a child's development. This article examines the implementation of restorative justice through the lens of the theory of legal utility (utilitarianism), which posits that ideal law is law that provides the greatest possible benefit to society. Using a normative-analytical method, this study reviews the regulations governing restorative justice mechanisms within the Juvenile Criminal Justice System (SPPA) and analyzes the benefits produced for child victims and child offenders. The findings demonstrate that restorative justice yields tangible benefits, including psychological recovery for victims, avoidance of stigma for offenders, enhanced social responsibility, and strengthened family and community support. Nevertheless, its implementation still faces challenges such as limited understanding among law-enforcement officials, victim resistance, and insufficient supporting facilities. Overall, the application of restorative justice aligns with the principle of legal utility because it produces broad positive impacts for children and society and holds potential as a more effective and equitable model for case resolution.