Effectiveness of Implementing Diversion as a Justice-Based Effort to Prevent Child Punishment

Abstract

The fourth paragraph of the 1945 Preamble to the Constitution of the Republic of Indonesia stated that the Indonesian State Government was formed to, "protect the entire Indonesian nation and all of Indonesia's blood, promote general welfare, educate the life of the nation, and participate in implementing world order based on freedom and eternal peace. , and social justice”. This is in accordance with the Convention on the Rights of the Child which was ratified by the Indonesian government through Presidential Decree Number 36 of 1990, then also stated in Law Number 4 of 1979 concerning Child Welfare and Law Number 23 of 2002 concerning Child Protection, all of which state the general principles of child protection, namely non-discrimination, the best interests of children, survival and growth and development, and respect for children's participation. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is a challenge for law enforcement officers to work professionally in implementing diversion practices as a justice-based effort to prevent criminalization of children. The problem of resolving the problems of children in conflict with the law is something that is still interesting to study. The aim of this research is to find out how effective the implementation of diversion is as an effort to prevent justice-based child criminalization for law enforcement officers. This research uses a normative - empirical research method or also sociological legal research.