Strengthening diversion regulations for children in conflict with the law through restorative justice

Authors

  • Indra Retnowati, Sarsintorini Putera, Bambang Joyo Supeno Faculty of Law, Universitas 17 Agustus 1945 Semarang, Jalan Pemuda No.72, Semarang City, Central Java 50133, Indonesia.

Keywords:

Diversion, Restorative Justice, Criminal Law.

Abstract

Children are none other than adults who have human rights, as stated in the Convention on the Rights of the Child in 1989. However, children cannot be equated with adults because of various physical and psychological limitations, so children need specialization emphasizing protection. The importance of this protection will be seen reflected in the phenomenon of children in conflict with the law. Based on these considerations, Law no. 11 of 2012 concerning the Ana Criminal Justice System allows the implementation of Diversion. Even so, discrimination is still evident from age restrictions and the types of sanctions in cases that can be carried out by Diversion, especially in settlement of a criminal case in which the victim and family are not involved. This research was conducted to uncover discrimination in protecting and distorting children's rights in the settlement of juvenile criminal cases. The research used an empirical juridical approach at the P.O.L.R.E.S., P.O.L.D.A., District Attorney and District Court levels in Bandung, Semarang and Surabaya. It is found that the emergence of children in conflict with the law can be understood to arise from internal influences (education, behaviour, and psychological) and external influences (economic, social, and law enforcement), moreover the settlement of criminal cases, especially in cases of children in conflict with the law, still does not reflect complete protection since discrimination is still found in the form of age limits, types of sanctions, and recidivism for Diversion to be enforced. In particular, the victims and their families were not involved in this settlement. Strengthening diversion regulations must be carried out with an emphasis on restorative justice that eliminates discrimination, as well as increasing the participation of parties in conflict by making changes to Article 9 Paragraph (2), Article 79 Paragraph (2) and Article 81 Paragraph (2) of Law no. 11 of 2012, Article 7 Paragraph (2) P.P. No. 65 of 2015.

Author Biography

Indra Retnowati, Sarsintorini Putera, Bambang Joyo Supeno Faculty of Law, Universitas 17 Agustus 1945 Semarang, Jalan Pemuda No.72, Semarang City, Central Java 50133, Indonesia.

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Published

2023-03-13

How to Cite

Indra Retnowati, Sarsintorini Putera, Bambang Joyo Supeno. (2023). Faculty of Law, Universitas 17 Agustus 1945 Semarang, Jalan Pemuda No.72, Semarang City, Central Java 50133, Indonesia., 10(1), 427–442.

Issue

Vol. 25 No. 1 (2023): Open Issue

Section

Articles (Peer-reviewed)

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