Challenges and Effectiveness of Diversion at The Investigation Stage in Juvenile Justice

Abstract

Juvenile offenders require a justice system that prioritizes protection, rehabilitation, and social reintegration rather than punitive measures. This study aims to evaluate the implementation of diversion at the investigation stage as a form of restorative justice, identify factors that limit its effectiveness, and formulate an ideal model for resolving juvenile cases in the future. This study employed a juridical-empirical approach with qualitative methods, combining primary data obtained through interviews with law enforcement officers and secondary data derived from legal documents, regulations, and official reports. The data were analyzed using content analysis and triangulation techniques to ensure validity. The findings indicated that diversion has generally been implemented in accordance with restorative justice principles by involving offenders, victims, families, and relevant social actors. However, several obstacles persist, including the limited number of trained child investigators, inadequate child-friendly facilities, weak coordination among law enforcement agencies, regulatory gaps related to non-compliance with diversion agreements, and low levels of community participation. These challenges reduce the effectiveness of diversion practices and hinder the achievement of restorative justice outcomes. The novelty of this research lies in its integrated analysis of diversion practices at the investigation stage by combining legal, institutional, and socio-cultural perspectives to explain the gap between normative provisions and empirical implementation. Based on the findings, it can be concluded that although diversion reflects restorative justice principles, its implementation remains suboptimal due to structural and cultural constraints. Therefore, strengthening institutional capacity, improving regulatory frameworks, and enhancing community involvement are essential to optimize diversion as a sustainable and child-oriented approach in juvenile justice.