Legal Analysis of the Settlement of Child Theft Cases Through Diversion in Achieving Restorative Justice

Abstract

This study aims to determine and analyze the settlement of theft cases by children through diversion in achieving restorative justice. To determine and analyze the weaknesses of the settlement of theft cases by children through diversion in achieving restorative justice. This writing is a normative juridical type using the approach method of Law, cases, research specifications are descriptive analysis, secondary data sources are taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through literature studies and analysis techniques using qualitative. The study shows that the settlement of theft cases by children through diversion must be attempted at the level of investigation, prosecution and examination of children's cases in court by prioritizing the restorative justice approach which is threatened with imprisonment under 7 (seven) years and is not a repetition of the crime according to the mandate of Article 7 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. This norm, if associated with sanctions for criminal acts of theft with aggravation or violence has a heavier threat (7-20 years), will provide different treatment in terms of handling diversion for cases of children in conflict with the law. Weaknesses in the legal substance include the provisions of the Diversion requirements regarding the limitation of criminal threats under 7 years in Article 7 of the SPPA Law which is based on the application of articles during investigation and prosecution, allowing for subjective views. Weaknesses in the legal structure include the frequent occurrence of several legal regulations that cannot be implemented properly because there are several law enforcement officers who do not implement a legal provision properly. Weaknesses in the legal culture, namely the culture of society in Indonesia sees a criminal act as a reprehensible act. To maximize restorative justice for children, the application of the diversion concept can also be applied to cases of children who are threatened with imprisonment of more than 7 (seven) years. The benefits behind this idea include reducing the level of conflict in law enforcement in the community in accordance with the objectives of diversion in the SPPA Law.