Guidelines for Implementation of Legal Certainty Concerning Diversion in Children Criminal Justice System (Case Study on the Determination of the Chairperson of the Painan District Court Regarding Diversity Agreement Number 2 / Pen.Div / 2019 / PNPnn jo Number 3 / Pid.Sus-Anak / 2019 / PNPnn) (original) (raw)
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International Journal of Multicultural and Multireligious Understanding, 2020
One of the important changes accommodated in the Criminal Justice System for Children Law is a restorative justice approach that is implemented in a diversified manner to minimize children from negative stigma and keep children away from legal processes that can put a psychological strain on children. In the practice of implementing the diversion of children against the law in the jurisdiction of the Pariaman District Court, there have been differences in the determination of judges in providing the diversion of children against the law. Judges in the same case, where the diversion agreement was reached at the stage of the investigation but the judge refused to make the decision, while at the level of prosecution with diversion efforts carried out again, the judge set a diversion attempt against the child. This can be seen in the case with the PDM-16 / Paria-Anak / 8/2018 register number in the name of ArifanMahesa and Harifan Maisa called Ipan. At the time of the case, Ipan was 17 ...
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.
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...
Journal of Law Policy and Globalization, 2014
Child is an integral part of the life of human being as well as an important element for the existence of the nation and the state. This important role leads to the adoption of the explicit statement in the constitution says that every child has the right for life, grow and mature as well as the rights for protection from violence and discrimination (Article 28 B point (2) of the Constitution 1945 of Indonesia.During their growing process, sometimes children involve in legal problem, such as committing crime. Diversion is internationally recognized as a way to handle children case which can give legal protection for them because it can prevent children from being stigmatized by the process of criminal justice for children. Diversion is regulated in the Law on Criminal Justice Process for Children, but the process stipulated in the Article 7 point (1) is also conducted by the investigator, prosecutor and the judge. This causes negative impact in the form of stigmatization against children. Referring to the result of research and discussion, the formulation policy for the regulation on the implementation of diversion which reflects the priciples of protection and welfare for children conflicting against the law in the future can be recommended based on some provisions concerning children, which in essence provides an opportunity for member states to deal with children in conflict with the law outside the juvenile criminal justice process; some of the legislation governing the Australian state of diversion outside the criminal justice system implementation of the child; conditions of handling children in conflict with the law are dealt with implementation of diversion outside criminal justice system of children; some of the legislation governing the Australian state stages of implementation of non-fee diversion children.
Jurnal Hukum Volkgeist, 2020
Diversion is a step or legal remedy aimed specifically at children who are in conflict with the law. As perpetrators of criminal acts, children need to be treated differently from adults. This is due to the psychological condition of children who are considered unable to accept criminal sanctions. Even children who have committed criminal acts, Act No. 11 of 2012 on the Criminal Justice System Children continue to provide collateral in the form of diversion efforts so that children avoid criminal prosecution. Diversion is carried out at the police, attorney and court levels. Not all cases of child offenders who enter the PN level can be diversified because there are already rules in the SPPA Law, Perma No. 4 of 2014 and PP. 65 of 2015. Likewise in the implementation of diversion at the District Court level in Gorontalo Province, some were successful and some were not. This study aims to determine the effectiveness of the implementation of diversion to child offenders at court level ...
Proceedings of the Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG, 2019
Article 3 Paragraph 1 of convention on the rights of the child (CRC) states that this principle should become the primary consideration of the judiciary in taking action concerning the rights of Anak yang Berkonflik dengan Hukum/AKH (the children in conflict with the law). This paper was based on an evaluation research conducted by using a normative and field study. Two diversion and restorative justice task forces in Medan and Deli Serdang Regency were involved in an in-depth interview and a focus group discussion. As a result, the study concludes that; (a) the presence of diversion and restorative justice task forces is important in applying the best interests of the child principle including for AKH; (b) the two task forces use Sistem Pidana Perlindungan Anak/SPPA (juvenile justice system) as a reference in conducting diversion and restorative justice to implement the principle of the best interests of the child for AKH. As a recommendation, the task force team needs to enhance their capacity and coordination in conducting diversion and restorative justice to afford the best interests of the child especially the AKH.
The Diversion in Law Enforcement of Criminal Action of Children in the Judicial System of Children
Jurnal Daulat Hukum, 2021
Handling of crimes committed by children is carried out through the juvenile criminal justice system, as regulated in Act No. 11 of 2012. In Act No. 11 of 2012, the settlement of criminal cases of children is carried out by means of a diversion mechanism. This study aims to determine and examine diversion in law enforcement of child criminal acts in the juvenile criminal justice system. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The result of this research is that diversion is a persuasive action or an approach that aims to invite people to obey and enforce the law while still considering the sense of justice as a top priority in addition to providing opportunities for perpetrators to improve themselves. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations...
International Journal of Psychosocial Rehabilitation, 2020
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.
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.
Journal of Law Policy and Globalization, 2014
Child is mandate and gift from the God. They have dignity and potential that will shape their future. Also, they have role in shaping the nation's history. The mirror reflecting the nation's character in the future also lies in their hands. During the period of their growth, children often have to face legal process because of what they do. There are many children proven guilty of crime and they are punished.The Law Number 11 Year 2012 on the Criminal Justice System For Children regulates diversion for children having conflict with the law. The diversion process function by taking a child out of formal criminal justice for the child. However, diversion regulated in the Article 7 point (1) of the Law on the Criminal Justice System for Children is also implemented in the Criminal Justice System For Children by the investigator, prosecutor and the judge. Unfortunately, this practice can place stigma upon a child.Referring to result of research and analysis, some experts say that there are philosophical basis of international laws and national laws that can be used as the philosophical foundations for the formulation policy of the regulation for the implementation of the diversion outside criminal justice system. It is aimed at protecting children and maintaining their welfare as well as preventing children who have legal conflicts from stigma and labelling It is also directed towards protection of children from violence caused by criminal justice process.