Legal Analysis of Criminal Liability of Child Perpetrators in Cases of Abuse with Diversion Settlement (Determination Number 01/PenPid-Diversi/2024/PN Pdl)

Abstract

The 1945 Constitution of the Republic of Indonesia, in Article 1 paragraph (3) states that the State of Indonesia is a state of law, so that every human or community activity that is part of its life activity must be based on existing regulations and norms that apply in society. In enforcing justice, children who commit crimes cannot be treated the same as crimes committed by adults. Therefore, the Child Criminal Justice System Law recognizes diversion which can reduce the punishment for juvenile criminals. The problem in this study is to determine the criminal responsibility of child perpetrators in cases of abuse with diversion settlement (stipulation number 01 / penpid-diversi / 2024 / pn pdl), and to determine the policy of implementing diversion in the juvenile criminal justice system as perpetrators of criminal acts in the upcoming criminal law reform. The research approach used in this study is through a normative legal approach using secondary data obtained through literature studies, then data analysis is carried out using qualitative descriptive analysis. Based on the results of the study, in Stipulation Number 01 / Penpid-Diversi / 2024 / Pn.Pdl, child perpetrators in their criminal responsibility are resolved through a diversion process at the prosecution level. This settlement is carried out because the child perpetrator is faced with the threat of imprisonment of less than 7 years. In accordance with applicable regulations, child perpetrators who face the threat of a criminal sentence with this duration have the right to resolve criminal cases through a diversion mechanism. Meanwhile, the diversion policy in the future is consistent 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 experienced a stigmatization process. The implementation of this mechanism at all levels of examination will greatly reduce the negative impact of children's involvement in the judicial process.