KAJIAN PENEGAKAN HUKUM ATAS TNDAK PIDANA KEKERASAN OLEH ANAK DI WILAYAH HUKUM POLRES KARANGANYAR

Abstract

The protection of children in conflict with the law (ABH) is a shared responsibility of law enforcement officials. Law enforcement officers involved in handling ABH must not only refer to Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System or other statutory regulations relating to handling ABH, but prioritize peace rather than the formal legal process that is starting to take effect. 2 years after the Juvenile Criminal Justice System Law was promulgated or came into force on August 1 2014 (Article 108 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System). The research method uses a type of empirical normative research, namely using a statutory approach and a case approach with legislation relating to diversion. Data analysis uses normative qualitative methods.

The results of data analysis found that law enforcement against children who commit criminal acts of bullying and abuse is carried out in accordance with the provisions of Law of the Republic of Indonesia Number 11 of 2012 and the SPPA Law. The diversion process is carried out through deliberation involving children and their parents/guardians, victims and their parents/guardians, Community Counselors, Social Workers, Community Figures, the Legal Aid Institute (LBH Sakti Karanganyar) and Psychologists based on a restorative justice approach. Factors that influenced the failure of diversion efforts in this case included legal regulations, law enforcement, facilities and community compliance. Differences in perception and low understanding in the community regarding the goals of diversion are factors inhibiting the achievement of diversion goals. A factor inhibiting the implementation of diversion in resolving juvenile crimes at the investigation level is the lack of understanding of the.

Keywords: Implementation, Auction, Mortgage