The Concept of Police Discretion Towards Children in Conflict with the Law

Abstract

The purpose of this study is to examine and analyze the form of police discretion in handling children in conflict with the law. In writing this, the author uses a normative legal method with a research specification in the form of descriptive analysis. Investigation of a child by the police is a measure of the child's personality, he can be good or otherwise, therefore it is necessary to have a special police unit that is trained in serving and handling children. Discretion as one way to handle children's cases is one of the authorities of the police in using its discretionary authority. Discretion is expected to minimize the number of children who must experience detention and all forms of rules in positive criminal law or create children as victims of criminal behavior of children. In the Law on the Juvenile Criminal Justice System, discretion is given to investigators to be able to seek diversion. This can be seen in Article 29 of the Law on the Juvenile Criminal Justice System, namely: Investigators are required to seek diversion no later than 7 days after the investigation begins; The diversion process as referred to in paragraph 1 shall be carried out no later than 30 days after the commencement of the diversion.