Peer-reviewed article
IMPLEMENTATION OF DIVERSION IN HANDLING CRIMINAL CASES VIOLENCE AGAINST CHILDREN IN CONFLICT WITH THE LAW
Nur Haji Ridawati ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This study examines how Indonesia's juvenile justice system implements diversion—redirecting children in conflict with the law away from formal criminal proceedings—to protect their development and well-being. The research analyzes the legal framework provided by Indonesia's 2012 Juvenile Criminal Justice Law and how law enforcement officers use their discretion to apply restorative justice approaches. The study identifies obstacles to implementing diversion effectively in cases involving violence against children. The approach combines legal analysis with field surveys to understand the practical application of these protections.
Key points
- Diversion is intended to avoid negative effects on children's psychological and developmental well-being from involvement with the criminal justice system
- Law Number 11 of 2012 concerning the Juvenile Criminal Justice System establishes the legal framework for diversion in Indonesia
- Restorative justice is the designated method for resolving child cases rather than traditional criminal prosecution
- Law enforcement officers are given discretionary authority to implement diversion in their handling of cases
- Implementation of diversion faces obstacles that the study examines
Limitations
The document provides no empirical findings, data, or concrete evidence about whether diversion is actually being implemented or its effectiveness. The study design and any results are not described, making it impossible to assess the actual impact on children's outcomes.
Abstract
The purpose of this study is to examine and analyze the implementation of diversion and its obstacles in handling cases of criminal acts of violence against children in conflict with the law. In this writing, the author uses the Sociological juridical method or an approach with direct surveys in the field and secondary data through library studies with research specifications in the form of descriptive analysis. One of the efforts to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the diversion of children in conflict with the law. protection of children in conflict with the law, namely through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The existence of the Law on the Criminal Justice System in its implementation there is a requirement to uphold justice for children in conflict with the law, namely by implementing restorative justice as one method of resolving child cases in Indonesia. The purpose of such juvenile justice is operationally played by law enforcement officers, in this context to law enforcement officers as regulated in Law No. 2 of 2002 concerning the Indonesian National Police is given the widest possible freedom and in all examination improvements to exercise discretion. The implementation of diversion is motivated by the desire to avoid negative effects on the soul and development of children by their involvement with the criminal justice system. The implementation of diversion by law enforcement officers is based on the authority of law enforcement officers called discretion; is the authority of law enforcement officers who handle criminal cases.