Child Diversion Application Policy that has a Conflict with Law to Make a Restorative Justice in Indonesia

DOI

10.2991/aebmr.k.200513.063How to use a DOI?

Keywords

success, diversity and restorative justice

Abstract

The inclusion of diversion and restorative justice in the Rules of the Juvenile Justice System in Indonesia is the development of formulation policies in providing legal protection for children in conflict with laws that pay attention to children’s rights as mandated by constitutional law which determines that children are entitled to survival, growth and development as well as has the right to protection from violence and discrimination. Diversion is the transfer of case resolution from juvenile criminal justice to juvenile criminal justice. Restorative Justice is the settlement of criminal cases involving the perpetrators and their families, victims and families as well as the role of the community concerned to seek a fair settlement oriented to restoring the original state, and not retaliation. After 6 (six) years of enforcement of the juvenile justice system, it is necessary to find out the application policy. Therefore the problem discussed is “How is the Child Diversity Application Policy in Conflict with the Law to Create Restorative Justice in Indonesia” Using normative juridical methods, research is conducted on secondary data form of Juvenile Justice System regulations and documents obtained from research sites, namely Big City Semarang City Police Department, Central Java Province, Republic of Indonesia. The results found are: That the sub-subsystems in the Juvenile Justice System in Indonesia which have the authority and obligation to seek diversion in order to realize restorative justice are the Police, Attorney’s Office and District Court. Of the three subsystems, which have the most success rate in making diversion efforts to realize restorative justice is the Police subsystem, which is carried out by the Child Investigator. Therefore, it is necessary to find out why at the level of the Police subsystem that has the highest level of success.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Erna Trimartini
AU  - Hartiwiningsih
AU  - Widodo Tresno Novianto
PY  - 2020
DA  - 2020/05/20
TI  - Child Diversion Application Policy that has a Conflict with Law to Make a Restorative Justice in Indonesia
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 319
EP  - 322
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.063
DO  - 10.2991/aebmr.k.200513.063
ID  - Trimartini2020
ER  -