PENERAPAN DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK

Abstract

The purpose of this research is to find out and analyze the application of
diversion in the juvenile criminal justice system in the working area of the Klaten
Class II Correctional Center and to find out and analyze the obstacles in solving
juvenile offenses through the diversion mechanism in the working area of the
Class II Penitentiary Center of Klaten.Settlement of criminal acts committed by
children by means of diversion is a settlement that prioritizes the interests and
provides protection for the child. Law Number 11 of 2012 concerning the Juvenile
Criminal Justice System states that "At the level of investigation, prosecution and
examination of juvenile cases in the District Court it is mandatory to seek
diversion".
This type of research used in this research uses empirical legal research,
with a descriptive qualitative research approach. This study uses secondary data as
initial data and then continues with primary data or field data. The data obtained
from both field studies and document studies is basically data that is analyzed
descriptively qualitatively, that is, after the data has been collected, it is then
poured in the form of a logical and systematic description, then analyzed to obtain
clarity in solving the problems in this study.
The results showed that the application of diversion in the juvenile justice
system in the working area of the Klaten Class II Correctional Center has not been
implemented properly, because it is not in accordance with the provisions of the
applicable laws. Obstacles in resolving juvenile offenses through a diversion
mechanism in the working area of the Klaten Class II Correctional Center include:
Investigators in applying articles that are suspected of being inappropriate for
children; the diversion process is carried out in conjunction with the assistance of
children during the initial examination stage in the police and community research
activities; diversion has been implemented but there is no stipulation;
investigators use social research for court hearings to carry out diversion; there is
no meeting point between the parties because there is a third party who wants the
problem to be continued until the court hearing; there is no Social Welfare Service
Institution in the working area of Klaten Class II Correctional Center; Not all of
the children who received diversion assignments received guidance and
supervision from the Klaten Class II Correctional Center.
Keywords: diversion, juvenile criminal justice system, Klaten Class II
Correctional Center