The Synergy Between Restorative Justice Theory, Huyula and Pohala'a Values in Overcoming Juvenile Delinquency Cases in Gorontalo

International Conference on Industrial Technology for Sustainable Development 2017

工业技术;经济学

Darwis, Rizal^1

Institut Agama Islam Negeri Gorontalo, Jl. Gelatik, Heledulaa, Kota Tim, Kota Gorontalo

96135, Indonesia^1

关键词: Comparative methods;    Cultural value;    Gorontalo;    Indonesia;    Mutual assistance;    Restorative justice;    Socio-cultural;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/175/1/012135/pdf
DOI  :  10.1088/1755-1315/175/1/012135

学科分类：工业工程学

来源: IOP

【 摘 要 】

This research discussed the synergy between local wisdom values in term of law enforcement toward juvenile delinquency in Gorontalo. The problems that presented in this research were how was the implementation of restorative justice and cultural value of huyula and pohala'a in overcoming juvenile delinquency in Gorontalo? And how far the synergy between restorative justice, huyula and pohala'a in law enforcement system in Indonesia? The approaches that used in this research were jurisprudence law and socio-cultural, which was analysed in descriptive qualitative with a deductive and comparative method. The result of the research showed that restorative justice concept as a way of law that prioritize criminal problem solving which was involved the victim, criminal actor and society elements in reaching justice both for the victim side and criminal actor side. Restorative justice might be understood as problem-solving which lies out of court. The cultural problem that occurred in Gorontalo society could be overcame by the principle of huyula and pohala'a which could bring to the law enforcement in Indonesia. Gorontalo society by the principle of huyula (mutual assistance spirit) taught their children to well behaved, keep away from the delinquency, and when the delinquency was happening, then society can solve that problem with kinship system. In another side, pohala'a principle is a tough base and a unifying factor of Gorontalo society so they can protect their children from juvenile delinquency. This research implied that every society element (family, school, and society) is demanded in controlling and avoiding the juvenile delinquency by keeping their eyes to the local wisdom which lies in a given community.