TINJAUAN YURIDIS KETENTUAN DIVERSI TERHADAP ANAK YANG MELAKUKAN PENGULANGAN TINDAK PIDANA DITINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Abstract

Diversion in the SPPA Law is regulated in Chapter II in Article 5 to Article 15. In Article 5 paragraph (1) the SPPA Law states that the Child Criminal Justice System must prioritize the Restorative Justice approach. The Restorative Justice is an obligation to seek Diversion. However, in Article 7 paragraph (2) of the SPPA Law there are restrictions on crimes that may be carried out diversion ... the enactment of the SPPA Law which does not regulate the repetition of criminal acts carried out by children or the occurrence of a norm of void and which would be a confusion of diversion diversion is expected to be a solution in protecting children, a week the future of children can be saved The issues reviewed in this study are: (1). Is the contradiction in the application of diversion in the settlement of criminal cases of children who commit repetitions of crimes in terms of the SPPA Law. (2) How is legal protection for children who commit crimes and those who commit acts a criminal whose speech threat is above 7 (seven) years ? The research method used in this study is qualitative research and the type of descriptive research with a normative juridical approach. The data analysis method used in this study is data collection, data reduction, data presentation, conclusion drawing. The results of the study: (1) Settlement of child cases that carry out repetitions of criminal acts has not been regulated specifically. Legal arrangements relating to the settlement of child criminal cases that repeat crimes experience legal obscurity with the rules in the SPPA Law that children who repeat criminal acts cannot be attempted diversion (2) Efforts made by the state after the child is confronted with the law has been decided incracht with a sentence of more than 7 years and or criminal repetition, the state in this case the government provides protection in the form of rights in accordance with the rights of child prisoners regulated in Law No. 12 of 1995 concerning Corrections which states that the rights of child prisoners are the same as the rights of adult prisoners unless the right to receive wages from the work they have done The conclusions of this study are: Legal arrangements relating to the settlement of child criminal cases that repeat crimes experience legal obscurity with the rules in the SPPA Law that children who commit repeat crimes cannot be tried for diversion (Article 7 paragraph (2) SPPA Law). Keywords: Diversion, Repetition of Crime, Child Criminal