DIVERSI TERHADAP ANAK DALAM PERKARA TINDAK PIDANA OLEH UNIT PELAYANAN PEREMPUAN DAN ANAK POLRES KLATEN

(Studi Kasus Laporan Polisi Nomor : LP/B/28/X/2019/Jtg/res klt/sek prb, tanggal 19 Oktober 2019)

Abstrak

The Women and Children Service Unit (Unit PPA) is a unit in charge of
providing services, in the form of protecting women and children who are victims
of crime and enforcing the law against the perpetrators. The purpose of this study
is to examine the implementation of diversion against children in criminal cases
Police Report Number: LP / B / 28 / X / 2019 / jtg / res klt / sek prb, 19 October
2019 by the Klaten Police Children Service Unit and study Obstacles and
obstacles in the implementation of diversion against children in cases of child
crime with more than one victim and perpetrator by the Klaten Polres Women's
Service Unit.
This type of research is normative juridical research, namely research on
the effectiveness of law, which discusses how the law operates in society. The data
has been obtained from the results of interviews and then continued with
qualitative data analysis so that a systematic and understandable discussion is
obtained, then conclusions are drawn on the obstacles and efforts of the Women
and Children Protection Unit of the Klaten Police.
The results of the research, the implementation of diversion against
children in criminal cases Police Report Number: LP / B / 28 / X / 2019 / jtg / res
klt / sek prb, dated 19 October 2019 by the Klaten Polres Girls Children Service
Unit, the application of diversion is prioritized wherever possible children must
be kept away from criminal acts or punishment and if possible, punishment is the
last decision. As long as the child case is in accordance with Article 7 of Law
Number 11 of 2012 concerning the Criminal Justice System for Children and the
requirements for diversion are fulfilled, restorative justice is definitely sought. If
the penalty is over 7 (seven) years, diversion efforts cannot be carried out. The
diversion attempt is carried out if it is not a repetition of the criminal act and
diversion is only carried out once in a lifetime. Obstacles in the implementation of
diversion against children in child criminal cases where the victim and
perpetrator are more than one person by the Klaten Polres Women's Service Unit,
the public understanding that children cannot be punished, lack of deterrent
effect, lack of fear from the child, time of investigation In short, diversion is
carried out simultaneously with child examination (BAP) and preparation of
litmas, application of inappropriate articles, there is no LPKS in the Klaten
Regency area and sometimes only the determination of the results of diversion is
sent to Bapas without including the child and their parents.
Key words : diversion, child, crime