The Implementation Of Diversion Policy In The Criminal Judgment System Of Child As A Criminal Actor

Abstract

The purpose of this study is to examine and analyze the policy of implementing diversion in the juvenile criminal justice system as criminals in the current positive law and to examine and analyze the policy of implementing diversion in the juvenile criminal justice system as perpetrators of criminal acts in the criminal law reform that will be implemented. in the future.

This study uses a sociological juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study concluded that the diversion policy in handling criminal acts committed by children through a family deliberation process where this family deliberation was chosen in resolving criminal cases committed by children was intended to resolve cases of children through deliberation involving the perpetrator's family and the victim's family facilitated by facilitator from a neutral party in order to obtain agreement from both parties. The application has not been fair because all juvenile criminal cases have not all been diverted. Diversion policy in the future is consistency in carrying out diversion efforts or diversion is a mechanism that allows children to be diverted from the social service process, prioritized, because the involvement of children in the judicial process has actually undergone a stigmatization process. The application of this mechanism at all levels of examination will greatly reduce the negative impact of children's involvement in the judicial process. Child investigation is a starting point that affects a child's personality, he can be good or vice versa, therefore, it is necessary to have a synergy between the police, prosecutors, and courts in serving and handling children. because the involvement of children in the judicial process has actually undergone a stigmatization process. The application of this mechanism at all levels of examination will greatly reduce the negative impact of children's involvement in the judicial process. Child investigation is a starting point that affects a child's personality, he can be good or vice versa, therefore, it is necessary to have a synergy between the police, prosecutors, and courts in serving and handling children. because the involvement of children in the judicial process has actually undergone a stigmatization process. The application of this mechanism at all levels of examination will greatly reduce the negative impact of children's involvement in the judicial process. Child investigation is a starting point that affects a child's personality, he can be good or vice versa, therefore, it is necessary to have a synergy between the police, prosecutors, and courts in serving and handling children.