Why Diversion Remains Essential Even for Recidivist Juvenile Offenders?

DOI

10.2991/978-2-38476-491-4_8How to use a DOI?

Keywords

Diversion; Recidivist Juvenile; Restorative Justice

Abstract

Diversion regulations in Law number 11 of 2012 concerning the juvenile Protection System are limited not to crimes that are punishable by more than 7 years and are not repeated. The requirement that it is not a repetition is seen as contrary to the approach stipulated by the SPPA Law itself which must prioritize a restorative justice approach. This article aims to examine the urgency of diversion for recidivist juvenile offenders based on criticism of the limits on diversion in the SPPA Law and the idea of ​​implementing diversion even in cases of repetition committed by juvenile in the future. This study method was carried out normatively with a comprehensive approach, from philosophical, sociological, legal and conceptual aspects. The results of the first discussion show that diversion is important or urgent to be implemented, from a philosophical, juridical and sociological point of view, for juvenile, even if the juvenile who is the perpetrator repeats it. Philosophically, it is in accordance with the spirit of restorative justice and the best principles for juvenile people and is also viewed from the essence of the interests of law enforcement in realizing justice. Juridically, diversion is the best mechanism and has strong legitimacy in the SPPA Law. Besides that, making recidivist juvenile offenders a barrier to diversion is both juridically and conceptually flawed. From a sociological perspective, it is possible that the form of repetition that occurs is not a serious crime and is not due to personal factors of the perpetrator, and Indonesian society is essentially very close to conflict resolution mechanisms outside of justice. Second, the concept of recidivist juvenile offenders needs to be readjusted and diversion for recidivist juvenile offenders becomes the juvenile’s right, and there is no need for law enforcers to make efforts at every stage of the SPPA process.

Copyright

© 2025 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  - Syarif Nurhidayat
PY  - 2025
DA  - 2025/11/18
TI  - Why Diversion Remains Essential Even for Recidivist Juvenile Offenders?
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 68
EP  - 94
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_8
DO  - 10.2991/978-2-38476-491-4_8
ID  - Nurhidayat2025
ER  -