IMPLEMENTATION OF DIVERSION IN CRIMINAL CASES OF THEFT BY CHILDREN BASED ON LAW NUMBER 11 OF 2012 CONCERNING CHILDREN'S CRIMINAL JUSTICE SYSTEM
IMPLEMENTATION OF DIVERSION IN CRIMINAL CASES OF THEFT BY CHILDREN
Abstract
Children are the next generation of the nation and have a long future journey and high aspirations. The psychological condition of children is still unstable, not independent, and easily influenced so criminal acts committed by children cannot be fully held accountable by the children themselves because children as perpetrators are not pure perpetrators but are also victims. When a child conflicts with the law, the child has the right to receive special protection. The research aims to determine the application of diversion in cases of criminal acts of theft by children and to determine the factors that become obstacles in the process of applying diversion to criminal acts of theft by children. The type of research used is normative juridical legal research, namely research that examines document studies using various secondary data such as statutory regulations, court decisions, legal theory, and research journals, and can be in the form of opinions by experts. The results of the research show that the implementation of diversion in cases of criminal acts of theft by children in Berau Regency has been successfully implemented in a coordinated manner among related institutions, where implementation is determined at all levels of case examination (investigation, prosecution, and trial). The obstacles faced in implementing diversion in Berau Regency are the lack of understanding of the community's thinking regarding the concept of diversion, the conditions and peace agreements not being achieved, and children not meeting the requirements for diversion. Police agencies and the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) are expected to increase outreach to the community, victims, and victims' families regarding the concept of diversion and it is hoped that all levels of inspection will be more active in involving various parties who should be involved in the diversion process.
Downloads
References
[1] Prakoso Arbintoro, 2016, Reform of the Juvenile Criminal Justice System, Aswaja Perindo, Yogyakarta..
[2] Rini Fathonah & Daffa Kusworo, 2022, Implementation Analysis Diversion in Settlement of Cases of Children Perpetrated in the Crime of Theft (Case Study of Liwa District Court), Journal of Development Innovation, Lampung, Vol 10 No 2, Pages 139 - 152.
[3] Anita Indah Setyaningrum & Umar Ma'ruf, 2017, Diversion as a Form of Resolving Child Criminal Cases Using a Restorative Justice Approach by Central Java Regional Police Investigators, Khairavol Ummah Law Journal, Semarang, Vol 12 No 4, Pages 975 - 980.
[4] Maidin Gultom, 2010, Legal Protection of Children, Cet II, P.T Refika Aditama, Bandung, Page 32.
[5 Wikipedia, Children's Rights, in https://id.wikipedia.org/wiki/Hak_anak accessed on January 17, 2024, 22.30 WITA.
[6 Adami Chazawi, 2007, Criminal Law Lesson 1, PT Raja Grafindo, Jakarta.
[7] Andy Sofyan, Nur Azisa, 2016, Textbook of Criminal Law, Pustaka Pena Press, Makassar, Page 98.
[8] Ida Bagus Surya Darma Jaya, 2015, Material & Formal Criminal Law: Introduction to Criminal Law, USAID-The Asia Foundation-Kemitraan Partnership, Jakarta, Page 2.
[9] Moeljatno, 2008, Principles of Criminal Law, PT Rineka Cipta, Jakarta, Page 59.
[10] Jimly Asshiddiqie, Ali safa`at M, 2006, Hans Kelsen's Theory of Law, Cet I, Secretariat General & Registrar of the Constitutional Court of the Republic of Indonesia, Jakarta, Page 51.
[11] Rusli Muhammad, 2007, Contemporary Criminal Procedure Law, PT. Citra Aditya Bakti, Bandung, Page 22.
[12] Yesmil Anwar, Adang, 2010, Criminology, Refika Aditama, Bandung, Page 37.
[13] Angger Sigit Pramukti, Fuady Primaharsya, 2015, Juvenile Justice System, Pustaka Yustisia, Yogyakarta, Page 68.
[14] Marlina, 2010, Introduction to the Concept of Diversion and Restorative Justice in Criminal Law, Art Design, Publishing & Printing, Medan, Page 17.
[15] R. Wiyono, 2019, Juvenile Criminal Justice System in Indonesia, Sinar Graphics, Jakarta, Page 46.
[16] Dekaria, E. and A. Putri. 2020. Factors Inhibiting Diversion for Children in Conflict with the Law in the Blitar District Court. Novum Law Journal. 7(1):178-188.
LEGISLATION
The 1945 Constitution of the Republic of Indonesia.
Law Number 1 of 1946 concerning Criminal Law Regulations.
Law Number 23 of 2002 concerning Child Protection.
Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System.
Author(s) and co-author(s) jointly and severally represent and warrant that the Article is original with the author(s) and does not infringe any copyright or violate any other right of any third parties, and that the Article has not been published elsewhere. Author(s) agree to the terms that the GPH Journal will have the full right to remove the published article on any misconduct found in the published article.
