Jurisdiction Overview Of The Implementation Of Diversion Against Children Who Complete The Criminal Act Of Assembling (Case Study In Pekalongan State Court)

  • Elizabeth Nurjelita Universitas Pekalongan
Keywords: Diversion, Restorative, SPPA Law

Abstract

Diversion is a process in the children's case settlement system, namely the transfer of the settlement process for children in conflict with the law from the criminal justice process to outside the criminal justice system. Diversion uses a restorative justice approach, which is a settlement of criminal cases by involving the perpetrator/victim and other related parties to jointly seek a fair solution by emphasizing restoration back to its original state, not retaliation. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion against child offenders is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to the courts. The results of this study indicate that the Pekalongan District Court has succeeded in implementing diversion against children who commit crimes of abuse and of course in the application of diversion from the initial stage to the end it still prioritizes and provides children's rights that they should receive.