Settlement of Cases of Theft by Children in Diversion in Achieving Restorative Justice

Abstract

The purpose of this study is to examine and analyze the settlement of cases of theft by children in diversion in achieving restorative justice and to study and analyze the obstacles to settlement of cases of theft by children in diversion in achieving restorative justice. This study uses a sociological juridical approach. The results of this study indicate that the mechanism for storing Narcotics Confiscated Objects is carried out with the Mechanism of implementing restorative justice only for minor types of crime which can still be resolved, meaning that in cases of theft committed by children who do not require follow-up, it is enough to get a warning, with a deliberative mediation process and consensus of both the victims and the perpetrators and the families of the victims and the families of the perpetrators. In the process of settling cases, the perpetrator in this case can be held responsible for his actions. And the main obstacle faced in carrying out a restorative justice approach through diversion at the pre-prosecution stage at the Cirebon District Attorney's Office, among others, is that the demands for compensation that the victim has received are too high so that the perpetrators cannot fulfill them, besides that there is a desire from the victim to continue the case until the trial process so that perpetrators have a deterrent effect.
Keywords: Crime; Diversion; Justice; Restorative.