Analysis of Learning Theory in Diversion Policy in the Case of Children in Conflict with the Law

DOI

10.2991/978-2-38476-024-4_24How to use a DOI?

Keywords

delinquency; child; conflicted; law; diversion

Abstract

Restorative Juvenile Justice starts from the assumption that responses or reaction to child’s juvenile delinquency behavior will not be effective without the basic principle of justice principle being that each party can receive fair and balanced of attention, being actively involved during judicial process and benefited adequately from their interaction with juvenile justice systems. The implementation of diversion is motivated to avoid the child’s physiological development from the negative side effect in the involvement of criminal justice systems. The philosophy of the juvenile criminal justice system prioritizes the protection and rehabilitation of child offenders as people who still have a number of limitations compared to adults. Children need protection from the state and society in the long future. For children who have already become perpetrators of criminal acts, a criminal justice system strategy is needed, namely trying to minimize the intervention of the criminal justice system. UU No. 11 Tahun 2012 was made to realize a judiciary that truly guarantees the protection of children in conflict with the law. Diversion with the current restorative justice approach as a correction to UU No. 3 Tahun 1997 concerning Juvenile Court which emphasizes retributive justice, so that the emphasis is more on restoring back to its original state, not emphasizing justice on retaliation. Social Learning Theory, is used as a basis for analyzing why the diversion policy is a legal goal for resolving cases of children in conflict with the law on the premise that children’s growth and development based on their environment, is associated with children’s delinquency. The approach is based on the assumption that a person’s behavior is influenced by learning experiences, social experiences accompanied by values and awards in life in society. This theory is used in the application of diversion with a policy based on the pattern of community social services.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Aniek Periani
AU  - Elly Kristiani Purwendah
AU  - Iskatrinah Iskatrinah
PY  - 2023
DA  - 2023/04/19
TI  - Analysis of Learning Theory in Diversion Policy in the Case of Children in Conflict with the Law
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 210
EP  - 222
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_24
DO  - 10.2991/978-2-38476-024-4_24
ID  - Periani2023
ER  -