Applying the Principle of the Best Interests of the Child: A Lesson Learned from Establishing Diversion and Restorative Justice Task Force in North Sumatera Province (original) (raw)
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The birth of Law Number 11 of 2012 concerning Juvenile Justice System provides A new hope in the protection of children, namely the existence of strict arrangements regarding Restorative Justice and Diversion to avoid and keep children away from a judicial process. Restorative Justice through the Diversion process, seeks to place all parties involved in a particular criminal act together to overcome the problem and create an obligation to make things better by involving victims, children and the community in finding solutions to improve, reconcile and reassure a heart not basing on retaliation and returns the child back to the family environment properly. The main purpose of Diversion is to free children from the trauma of judiciary but still found obstacles in the implementation, either regulatory, institutional and infrastructure. The results of the research on the application of diversion at the police level still experienced many failures thus children end up having to deal with the Criminal Justice System and become prisoners that can damage the future of children.
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The objectives of this study are to: 1) find out and analyze the role of investigator of the Women and Child Protection Unit in applying diversion to children in conflict with the law, 2) determine and analyze the implementation of diversion carried out by the Women and Child Protection Unit against children in conflict with law, 3) identify and analyze the obstacles of investigators of the Women and Child Protection Unit in applying diversion to children in conflict with the law. This research employs the sociological juridical method, a research in the discipline of law that is based on the reality that occurs in society where the type of study in this study is specifically descriptive. The results of this study found that: 1) the implementation of diversion in Padang City Police had been going well where there were 14 (fourteen) cases that were successfully resolved through diversion channels throughout 2015-2017, 2) the implementation of diversion in Padang City Police was guide...
This research titled “Application of Diversion and Restorative Justice in the Children Criminal Justice System in Indonesia aims to determine the application of the principles of restorative justice in accordance with Law No. 11 Year 2012 on Child Criminal Justice System. Application of the principle of restorative justice in Indonesia according to Law No. 11 of 2012 has become effective but found few obstacles in its application that the understanding among law enforcement agencies are not the same on restorative justice, legal substance that impose limits on the types of crimes that can be applied restorative justice , facilitators and social workers who have not been adequate, as well as facilities such as LPKA, LPAS, LPKS are also inadequate.
IOP Conference Series: Earth and Environmental Science, 2019
In terms of providing protection to children in conflict with the law, the government has made efforts to protect one of them is with the birth of Law No. 11 of 2012 on the Criminal Justice System Child. Where the Criminal Justice System Child is a whole process of settlement of children in conflict with the law, starting from the inquiry stage to the stage after undergoing criminal coaching. The protection of children in conflict with the law in the integrated justice system emphasizes child by placing the child in a special coaching institute child (LPKA). From the data in the hall correctional noted that native son of Papua committing an offense for the year 2018 as many as 52 children and for 2019 to the month of May as many as 24 children, so it can be seen that the crimes or offenses committed by children Papuans very much, Therefore, this study to the purpose to see how the diversion as an alternative approach to settling disputes children in problems in the law on juvenile c...
This study investigates the implementation of diversion by the Indonesian National Police as a strategy for resolving cases involving children in conflict with the law. One of the challenges encountered by investigators from the Indonesian National Police (POLRI) pertains to the utilization of discretionary authority in their investigative processes. The present study investigates the implementation of diversion by the Indonesian National Police as a means of resolving cases involving children in conflict with the law. One of the challenges encountered by investigators from the Indonesian National Police (POLRI) pertains to the exercise of discretionary power in resolving cases involving juvenile offenders who face the possibility of imprisonment exceeding a duration of seven years. This issue arises from the provisions outlined in Law Number 11 of 2012, which governs the Juvenile Criminal Justice System in Indonesia. According to this law, the diversion of juvenile offenses is mandated only for those offenses that carry a maximum prison sentence of less than seven years. The present study employs a normative-empirical legal methodology, drawing upon primary and secondary sources. The process of data collection involved conducting interviews and conducting a study of relevant literature in libraries. The data were subjected to qualitative normative analysis techniques. This study applies the theory of restorative justice as a grand theory, justice theory as a middle-range theory, and legal protection theory as an applied theory to analyze the provided data. The findings of the study indicate that the implementation of diversion during the investigation phase lacks effectiveness and efficiency in adhering to the principles of justice, namely simplicity, expediency, and cost-effectiveness. This is primarily attributed to the bureaucratic nature of the diversion procedure, as well as the complex and administratively challenging mediation process, which involves numerous elements. Furthermore, it is worth noting that the Indonesian National Police (POLRI) investigators possess the ability to pursue diversion as a course of action in cases involving juvenile offenses. This particular measure is applicable even in situations where the offense carries a potential prison sentence exceeding seven years. The discretionary authority exercised by law enforcement officials in this regard is justified by the absence of explicit provisions within the SPPA Law that explicitly prohibit the application of diversion for criminal acts that are punishable by imprisonment for more than seven years. However, the utilization of police discretion in this particular scenario must adhere to the restrictions, prerequisites, or standards for implementing restorative justice as outlined in the Chief of Police Circular Number SE/8/VII/2018, which pertains to the utilization of restorative justice in the resolution of criminal cases.
Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia, 2021
Based on Article 7 of Law Number 11 of 2012 concerning Child Criminal Justice System (CCJS Law) which stipulates that at the level of investigation, prosecution and examination of children's cases in the district court must be pursued for diversion and the crime that is punishable by imprisonment under seven years and not a residiv crime. Diversion itself is intended to ensure that child crime cases can be settled out of court. However, in practice of diversion often cannot work well since the stakeholder relating to such issue also legal enforcer didn't understand the essence of the diversion. Using the juridic-normative research method with case study approach, this study found that the application of the diversion often recognized to be similar as giving compensation to the victim of child crime, though those conception are greatly different to each other. Thus, it can be concluded the urge of knowledge improvement about the diversion and the need for public education through legal counseling to understand the intention of the diversion itself. Ultimately, the diversion is expected to be optimally applied.
The purpose of this study is to know, analyze and discover the nature of diversion in conflicting children in the perspective of Child Rights, to know, to analyze and to find the implementation of the diversi-sion of children in conflict with the law in the perspective of Child Rights, and to know, analyze and find the factors that influence the implementation of the diversion of children in conflict with the law in the perspective of Child Rights. The research method used is empirical legal research that is the research on the implementation of the rule of law in empirical and legal effectiveness.The results of this study indicate that the nature of diversion in children in conflict with the law is to provide assurance of protection of human rights and welfare to children who berkonfliik with law. The diversion in the Police, State Attorney and District Court has not yet guaranteed the protection of human rights to children in conflict with the law.
Protecting the Rights of Children in the Indonesian Juvenile Justice System
Journal of Law, Policy and Globalization, 2019
Delinquency rate of children every year always increases, if we look closely at the development of criminal acts committed by children so far, both in terms of quality and modus operandi. The research is an empirical legal research or commonly called as socio-legal research. It was conducted at Mamuju district, West Sulawesi, Indonesia. The results show that the implementation of the children rights' protection in the process of juvenile criminal justice has been going well, although there are still rights of the children that have not been fully fulfilled. Such as the right to be free from torture, punishment or other cruel, inhuman and degrading treatment, not being arrested, detained or imprisoned. The process of juvenile criminal justice is not fully running smoothly, because in practice several obstacles are encountered. These obstacles include: the lack of understanding from law enforcement officials regarding child protection, limited number of juvenile judges or judges specializing in child criminal cases, many courts still do not have a special courtroom for juvenile court trial, the lack of defendant's knowledge of the rights owned, there is no place to child custody or a Penitentiary for Children, so that child custody must be joined with adult in the sense that child custody with adult prisoners is not separated so that it can adversely affect child custody.
SASI
Introduction: Children are the next generation of the nation who must be protected in order to grow up properly. Handling children's cases through the Juvenile Criminal Justice System has devastating impacts on children's futures.Purposes of the Research: This study aims to analyze the effectiveness of handling children's cases through diversion in the East Java Regional Police and analyze obstacles to handling children's cases through diversion so that solutions are found to achieve maximum diversion implementation as mandated by the Children's Criminal Justice System Law.Methods of the Research: This type of research is sociolegal research with a statutory approach, a conceptual approach, and a comparison approach, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.Results of the Research: The results showed that of the five police and police in the East Java Regional Police area, it showed that not 50% of the handling of children'...
Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018), 2018
This article discusses the issues discussed about the implementation of the diversion of crimes committed by children and the effectiveness of the criminal acts in the jurisdiction of police resort Tanah Datar and police resort Payakumbuh, West Sumatera. This research was done using qualitative methods by analytical descriptive research type with normative juridical approach as the main approach and empirical juridical as supporting approach. The results of the research show First, the application of diversion in police resort of Tanah Datar and police resort of Payakumbuh done by way of deliberation to reach consensus 'deliberation' of Police, deliberation of the family, and deliberation of the community. Second, the effectiveness of the implementation of the diversion of legal consciousness of children, has been effective because there is one (1) repetition of criminal acts committed child after versioning. Through diversion can change the behavior of naughty children, with the coaching and involvement of family's deliberation, community's deliberation, and the Police deliberation.