Upaya Diversi dalam Proses Peradilan Pidana Anak di Indonesia

Abstract

Diversion is the resolution of children's cases that are transferred from the criminal process to a process outside of criminal law. Law no. 11 of 2012 concerning the Juvenile Criminal Justice System provides an obligation to prioritize the restorative justice approach process by carrying out diversion efforts in the entire process of resolving cases of children in conflict with the law. It is hoped that diversion can be a form of legal protection for children who are in conflict with the law. Diversion in juvenile criminals is intended to avoid the negative consequences of conventional investigations of juvenile criminals. The conventional justice system often has a detrimental impact, both psychologically and socially, on children involved in the process. One of the most significant negative impacts is the stigma or evil label attached to children after they have undergone the judicial process. The aim of the research is to find out the various implementation procedures in Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. This research uses a type of normative legal research by looking for secondary data in the form of primary legal materials, namely regulations - invitations and secondary legal materials in the form of books, legal journals, opinions of scholars (doctrine), legal cases, jurisprudence, and results - produces the latest symposia related to research problems. The results of the research show that diversion efforts at the level of investigation, inquiry and examination of children's cases in district courts must be pursued with the stipulation that the criminal act committed is punishable by imprisonment for less than 7 (seven) years and is not a repetition of the criminal act.