Implementation of diversion in case resolution children to realize protection law against children
Journal of Contemporary Issues in Business and Government,
2021, Volume 27, Issue 2, Pages 1001-1006
AbstractThe substance of the law of Law No. 11 of 2012 on the Juvenile Criminal Justice System determines that in the settlement of child criminal cases must be carried out diversion by law enforcement officials. The implementation of diversion is carried out at every level of the child criminal justice process. However, in the SPSA Act, not all cases done by children can be implemented diversion. In this case the law determines the limits of the qualifications of crimes that can be carried out diversionary in the settlement of child cases. The problems in this study, concerning the factors that influence the implementation of diversion and how the qualifications of criminal acts committed by children, as well as efforts to protect children in the settlement of child cases through the implementation of diversion. This type of research is empirical normative juridical research, by conducting research at the Medan Resort Police. This research is descriptive analysis, using primary and secondary sources. Data analysis used in this research is qualitative data analysis. The implementation of diversion is influenced by law enforcement factors and the legal culture of the community. From the aspect of law enforcement, human resources law enforcement apparatus still does not support the implementation of diversion through restorative justice approach. In addition, the implementation of diversion is also influenced by the difficulty of reaching a peace agreement between the victim and the perpetrator, due to the attitude of the perpetrator who is less cooperative and the victim or family who demands compensation outside the limits of the perpetrator's ability. The limitation of the qualification of crimes that can be implemented diversion in the child criminal justice system is, the crime is threatened with imprisonment of under 7 (seven) years and is not a repeat of the crime. The implementation of diversion in the resolution of ABH cases through restorative justice approach will provide protection to children. The implementation of diversion in the settlement of ABH cases will prevent children from formal criminal justice proceedings and also prevent children from the bad stigma that arises in the community towards children, as a result of the punishment by the court against the child.
- Ediwarman, Legal Research Methodology, Sofmedia, Medan, 2015.
- Eliza, Pocut, et. al, Final Report and Legal Evaluation in order to Build the Child Criminal Law System, National Legal Development Agency for Law and Human Rights, Jakarta, 2016.
- Gultom, Maidin, Legal Protection of Children in the Sostem of Child Criminal Justice in Indonesia, Refika Aditama, Bandung, 2008.
- Marlina, Child Criminal Justice in Indonesia: Development of The Concept of Diversion and Restorative Justice, Refika Aditama, Bandung, 2009.
- Priyatno, Dwidja, Face of Basic Criminal Law and Development, Gramata Publishing, Bekasi, 2012.
- Waluyadi, Child Protection Law, Mandar Maju, Bandung, 2010.
- Wagiati Soetedjo, Criminal Law, Refika Aditama, Jakarta, 2012.
- Supeno, Hadi, Criminalization of Children, Gramedia Pustaka, Jakarta, 2015.
- Setya Wahyudi, Implementation of Diversion Ideas in The Update of The Child Criminal Justice System in Indonesia, Genta Publishing, Yogyakarta, 2011.
- Law of the Republic of Indonesia Number 23 year 2002 quiet Child Protection jo Law of the Republic of Indonesia number 1 of 2016 concerning the Second Amendment to the Law of the Republic of Indonesia Number 23 Year 2002 quiet Child Protection.
- Law of the Republic of Indonesia Number 11 year 2012 concerning the Juvenile Criminal Justice System.
- Muhammad Ansori Lubis Muhammad Yasid, Gomgom T.P Siregar, https://www.jardcs.org/abstract.php?id=4887
- Syawal Army Siregar Maurice Rogers, Gomgom T.P Siregar, Existence Of Pancasila As A Stats fundamental Norm Of The Nation And State Of Indonesia In Facing Economic Globalization Challenges, https://www.jardcs.org/abstract.php?id=4886
- Rudolf Silaban Muhammad Ansori Lubis, Gomgom T.P Siregar, Restorative Justice As A Protection Model For Juveniles Againts The Law, https://www.jardcs.org/abstract.php?id=4885
- Lamminar Hutabarat Sarman Sinaga, Gomgom T.P Siregar, The Model Of Business Dispute Resolution On Electronic Transactions In Indonesia, https://www.jardcs.org/abstract.php?id=4884
- gomgom tp siregar, Law protection of mobile phone fraud victims, https://www.psychosocial.com/article/PR201646/13855/
- Gaol, J.L., Ichsan, R.N., Hutabarat, L., The effect of working atmosphereand discipline towardemployee work productivityinpt. Duta margalestarindomedan, Journal of Advanced Research in Dynamical and Control Systems (2020), Pages:554-564. https://www.jardcs.org/abstract.php?id=4882
- Reza Nurul Ichsan, Khaeruman, Sonny Santosa, Yuni Shara and Fahrina Yustiasari Liriwati 2020. INVESTIGATION OF STRATEGIC HUMAN RESOURCE MANAGEMENT PRACTICES IN BUSINESS AFTER COVID-19 DISRUPTION. PalArch’s Journal of Archaeology of Egypt / Egyptology. 17, 7 (Nov. 2020), 13098-13110. https://archives.palarch.nl/index.php/jae/article/view/5059
- Reza Nurul Ichsan, Lilis Suriani Gultom, Ahmad Karim, Lukman Nasution, & Muhammad Syahbudi. (2020). THE CORRELATION AND SIGNIFICANT EFFECT ON THE PRODUCT QUALITY PERCEPTION, TRUST AND CUSTOMERS’ VALUE TOWARDS THE IMAGE OF SYARIAH BANKING IN MEDAN. PalArch’s Journal of Archaeology of Egypt / Egyptology, 17(7), 13495-13504. Retrieved from https://archives.palarch.nl/index.php/jae/article/view/5266
- Ichsan, R. N., Suparmin, S., Yusuf, M., Ismal, R., & Sitompul, S. Determinant of Sharia Bank's Financial Performance during the Covid-19 Pandemic. Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences, 4(1), 298-309
- Article View: 57
- PDF Download: 33