Legal Protection for Children in the Juvenile Criminal Justice System (Application of Diversion and Restorative Justice in the Investigation Process)

Abstract

Children are a trust and gift from God Almighty, possessing the dignity and worth of a complete human being. To safeguard their dignity and worth, children have the right to receive special protection, particularly legal protection within the judicial system. Indonesia, as a state party to the Convention on the Rights of the Child, which regulates the principles of legal protection for children, has an obligation to provide special protection for children in conflict with the law. The special criminal justice system for children certainly has a specific goal for the future interests of children and society, which contains the principles of restorative justice. There are special non-penal solutions that can be applied to children in conflict with the law as a form of protection for children, such as the implementation of diversion. Diversion as a form of resolving child criminal cases through a restorative justice approach by investigators is implemented based on Law Number 11 of 2012 concerning the Child Criminal Justice System, Government Regulation of the Republic of Indonesia Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Under 12 (twelve) Years Old, Secret Telegram of the Head of the Criminal Investigation Unit of the Indonesian National Police Number Pol.: TR/1124/XI/2006 and Number Pol. TR/395/DIT,VI/2008 concerning the Implementation of Diversion and Restorative Justice in Handling Child Perpetrator Cases and Fulfilling the Best Interests of Children in Child Cases Whether as Perpetrators, Victims or Witnesses. The implementation of diversion as a form of resolving child criminal cases through a restorative justice approach by investigators, namely after being named a suspect, investigators immediately make preparations for diversion. Diversion must be carried out no later than 7 days after the child is named a suspect. The implementation of diversion uses a restorative justice approach. In a settlement agreement with compensation, investigators do not interfere in the process. Coordination between the police and the prosecutor's office is carried out by submitting files when diversion is declared unsuccessful and proceeding to prosecution. After the diversion deliberations reach an agreement, investigators submit the diversion report and the diversion agreement to the Chief Justice of the District Court for a decision.