Diversion Regulations in Juvenile Justice for Violent Crimes

Abstract

Diversion formulation can be implemented at all levels of examination, from investigation, prosecution, and court hearings to the implementation of the verdict. The objectives of this study are: 1) to determine the diversion regulations in juvenile justice for violent crimes; 2) to identify the weaknesses of diversion regulations in juvenile justice for violent crimes. This study uses a normative juridical approach with a descriptive analytical research method. The data used are primary and secondary data, which will be analyzed qualitatively. The research problem is analyzed using legal objectives theory and punishment theory. The results of the study conclude that: 1) Diversion regulations in juvenile justice for violent crimes, through a restorative justice approach, are a form of legal protection that aims to protect children from the negative impacts of the criminal justice system and emphasizes victim recovery and balancing the interests of all parties. Based on Articles 6 and 7 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law), diversion is mandatory in cases of children who are threatened with imprisonment of less than 7 years and does not constitute a repeat offense. Its implementation involves a deliberation process with law enforcement officials, victims, families, and community leaders to reach a just solution. However, the implementation of diversion still faces various challenges, such as a lack of public understanding, limited resources, and a lack of clear technical regulations. Therefore, further efforts are needed to optimize its effectiveness in the juvenile criminal justice system. 2). Weaknesses in diversion regulations in juvenile justice for violent crimes, namely the limited authority of law enforcement officials and the lack of sanction mechanisms for non-compliance, are major obstacles to the effective implementation of diversion. Furthermore, a lack of resources, lengthy administrative processes, and limited training for law enforcement officials also hamper the implementation of diversion in the field.