The Role of the Police in Diversion for Children in Conflict with the Law in the Crime of Mild Theft

Abstract

This study analyzes the role of the police in implementing diversion for juvenile offenders of petty theft at the Natuna Police Resort and identifies obstacles and optimal solutions. This study departs from the mandate of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA), which requires the implementation of restorative justice through diversion for crimes punishable by less than seven years. This study uses normative and empirical juridical methods with a statutory, conceptual, and case-based approach. Research data was obtained through literature review and interviews with juvenile investigators, Bapas (Children's Protection Agency), the PPPA Office, and community leaders. The results indicate that the police are key actors and gatekeepers because diversion begins at the investigation stage. However, its implementation has not been optimal due to a lack of juvenile investigators, a retributive legal culture in society, geographical constraints as an archipelagic region, and weak coordination between institutions. Data from 2024 shows that only around 30% of juvenile cases were successfully diverted. This study concludes that the effectiveness of diversion depends on the capacity of the apparatus, institutional support, and transformation of the community's legal culture. Optimization is needed through training of child investigators, integrated coordination models, and restorative education for the community.

This study analyzes the role of the police in implementing diversion for juvenile offenders of petty theft at the Natuna Police Resort and identifies obstacles and optimal solutions. This study departs from the mandate of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA), which requires the implementation of restorative justice through diversion for crimes punishable by less than seven years. This study uses normative and empirical juridical methods with a statutory, conceptual, and case-based approach. Research data was obtained through literature review and interviews with juvenile investigators, Bapas (Children's Protection Agency), the PPPA Office, and community leaders. The results indicate that the police are key actors and gatekeepers because diversion begins at the investigation stage. However, its implementation has not been optimal due to a lack of juvenile investigators, a retributive legal culture in society, geographical constraints as an archipelagic region, and weak coordination between institutions. Data from 2024 shows that only around 30% of juvenile cases were successfully diverted. This study concludes that the effectiveness of diversion depends on the capacity of the apparatus, institutional support, and transformation of the community's legal culture. Optimization is needed through training of child investigators, integrated coordination models, and restorative education for the community.