Implementation of Diversion in the Juvenile Criminal Justice System in Realizing Restorative Justice

Abstract

The aim of this research is to determine and analyze the implementation of diversion in the juvenile criminal justice system in realizing restorative justice. To find out and analyze the obstacles to implementing diversion in the juvenile criminal justice system in realizing restorative justice and its solutions. The method used by researchers is a normative legal approach and the specifications in this research are descriptive. The source and type of data in this research is secondary data obtained from literature study. Based on the results of the research, the implementation of diversion in the juvenile criminal justice system in realizing restorative justice is a form of legal protection for children in conflict with the law (ABH). Implementation of the Juvenile Criminal Justice System using a diversion approach is the transfer of resolution of juvenile criminal cases from formal criminal justice to outside formal criminal justice or resolved through non-formal justice mechanisms. The obstacle is that the implementation of diversion is carried out simultaneously with child examination (BAP) and the creation of litmas. This makes it quite difficult to provide recommendations because you don't know the child's condition. The application of articles that are sometimes inconsistent, should be articles that can be converted, but the articles that are applied are articles that cannot be converted, and vice versa, without considering the causal factors, even changes to the articles do not notify the Father. Sometimes only the determination of the diversion results is sent to the Father without the children and their parents being involved. The solution is to get around the procedures, usually the peak date for diversion is postponed after the litmas date. Remind investigators to apply the appropriate articles. Bapas coordinates with investigators to hand over the decision to the child and their parents.