Agreement as an Essential Element in Implementation of Diversion

DOI

10.2991/isseh-18.2019.7How to use a DOI?

Keywords

diversion; investigation

Abstract

The purpose of this research is to describe and analyze the implementation of child case diversion at the stage of investigation, both successful and unsuccessful. This study uses a normative / doctrinal approach. The data used is secondary data as the main data and primary data as supporting data. Secondary data includes laws and government regulations governing diversion and written agreements between victims and perpetrators. Primary data in the form of interviews. The data obtained were then analyzed qualitatively and presented descriptively. The results of the study show: (1) Reasons for agreeing to be converted: a. Between the perpetrator and the victim forgive each other accompanied by substitution in the form of victims; b. Actors will not repeat the same actions; and c. The parties agreed to resolve the case in a family manner and did not blame him later on. (1) The reasons for not being agreed to be converted are: a. Settlement with diversion is deemed not to give or take sides with justice; b. Diversion is considered not to represent the interests of victims; c. Concern about the perpetrator committing the same crime.

Copyright

© 2019, 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/).

Download article (PDF)

TY  - CONF
AU  - Waluyadi Waluyadi
AU  - Ismayana Ismayana
AU  - Moh. Sigit Gunawan
AU  - Jojo Junawan
PY  - 2019/03
DA  - 2019/03
TI  - Agreement as an Essential Element in Implementation of Diversion
BT  - Proceedings of the International Symposium on Social Sciences, Education, and Humanities (ISSEH 2018)
PB  - Atlantis Press
SP  - 27
EP  - 30
SN  - 2352-5398
UR  - https://doi.org/10.2991/isseh-18.2019.7
DO  - 10.2991/isseh-18.2019.7
ID  - Waluyadi2019/03
ER  -