Effectiveness of Implementing Diversion in Sentencing Case of Beating with Child Perpetrators

Abstract

This research aims to find out and analyze the implementation, obstacles and effectiveness in the future regarding diversion in the criminalization of cases of beatings involving child perpetrators because basically, Indonesia is a country of law and as time goes by, there are more and more legal challenges faced by law enforcement officers. .Legal issues seem to be a phenomenon that never subsides in social, national and state life, which now even involves children. Childhood is a vulnerable period in mental conditions where the psychological condition is still unstable, not independent and easily influencedAlmost every year, children who become perpetrators of criminal acts always increase and become a special concern for law enforcement officials. For this reason, various efforts to prevent and deal with children in conflict with the law are carried out, including the implementation of the juvenile criminal justice system through a restorative justice system approach. One solution that can be taken in handling juvenile criminal cases is a restorative justice system approach, which is implemented by means of diversion. Diversion itself is the transfer of resolution of children's cases from the criminal justice process to a process outside criminal justice. There are also various cases of child crime, one of which is beatings. Cases of criminal acts of beatings are now increasingly common, such as in the problem which is now being studied by the author and ultimately carrying out diversion based on the Decree on Termination of Prosecution of the Head of the Kendal District Prosecutor's Office Number: Tap-1167/M.3.27/Eoh.2/08/2023 dated 28 August 2023 and Determination of the Diversion Agreement from the Chairman of the Kendal District Court Number: 02/Pen.Div/2023/PN Kdl dated 22 August 2023. This research uses a normative legal approach with research specificationsdescriptive analytical, secondary data sources and using qualitative analysis. Existing problems are analyzed using legal system theory and progressive legal theory. From the results of the discussion, it can be seen that the implementation of diversion in the criminal case of beatings involving child perpetrators in case no. 2/Pen.Div/2023/PN Kdl based on the facts has fulfilled the requirements for diversion, namely, he is threatened with imprisonment for less than 7 (seven) years and is not a repeat criminal act. The diversion process carried out is also in accordance with the Regulation of the Attorney General of the Republic of Indonesia Number: PER-006/A/JA/04/2015 concerning Guidelines for Implementing Diversion at the Prosecution Level.