Herwin Sulistyowati, Sumarwoto Sumarwoto


The implementation of diversion has not been carried out in accordance with existing provisions. Criminal acts involving children dealing with laws that are very likely to be attempted diversion, but due to lack of human resource capacity of law enforcement officials to convince victims of the impact of diversion on children, and there are some diversions that do not get assistance from Correctional Guidance. The obstacle faced by investigators in carrying out diversion against children is the lack of coordination between agencies that carry out the diversion, in addition to the lack of public trust in the implementation of diversion rules. Although it has been regulated in the Law, the idea of diversion is still hindered by the view of people who tend to be grudging and want to retaliate against children who commit criminal acts, without thinking about the impact that the child will face. Diversion is a very important policy applied to protect children from the formal justice process. But sometimes the authorities are still hesitant to run it. This is because the demands of the community, politics, or others are taken into account by the apparatus. The apparatus is also afraid of being blamed if the child repeats his actions later on. The community is also still pessimistic about apparatus diversion policies that will harm the interests of certain parties. Formulation of criminal mediation in the future, in material criminal law substance related to criminal mediation, can be included or outside the general rules of mediation. It covers the type of criminal offense resolved by criminal mediation namely a minor criminal act with the crime caused in a very small crime or criminal act heavy with the restrictions set by the legislator by paying attention to the sense of justice in the community. Criminal mediation can delay the conduct of investigations, prosecutions and trials. Criminal mediation is as a reason for eradicating investigations or prosecutions, criminal penalties that take into account criminal mediation as a factor that mitigates criminal prosecution or does not impose penalties or elimination of criminal penalties for longer. In formal criminal law, the substance related to criminal mediation can be regulated in the reason for termination of prosecution, including the termination of investigations, diversionary authority of law enforcement officers for child crimes. The formulation of the consequences or legal consequences of settlement is done through criminal mediation and criminal mediation institutions. 

Keywords: Legal Construction, Diversion, Substance and Legislation Formulations 

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