KONSEP DIVERSI DALAM PERSPEKTIF APARAT PENEGAK HUKUM DI KABUPATEN PELALAWAN
Abstract
In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Diversion
is an important part in the implementation of Juvenile Criminal Justice. Diversion is an action or
treatment to divert a case from a formal process to an informal process, or to place the perpetrators
of child crimes out of the juvenile justice system. This means that not all cases of juvenile
delinquents must be resolved through formal courts, and provide an alternative for settlement with
a justice approach in the best interests of the child and by considering justice for the victim.
However, in Pelalawan Regency there are still many cases of crimes committed by children which
end in criminal decisions at the Pelalawan District Court. The purpose of writing this thesis,
namely: First, to determine the perception of law enforcement officers in Pelalawan Regency
related to the concept of diversion. Second, to find out the obstacles to the implementation of
diversion by law enforcement officers in Pelalawan Regency.
This type of research can be classified in the type of sociological juridical research,
because in this study the author directly conducts research in the place under study in order to
provide a complete and clear picture of the problem to be studied, while the population and sample
are all parties related to the problem studied in this study, data sources used, primary data,
secondary data and tertiary data, data collection techniques in this study with interviews and
library data.
From the results of this study it was concluded, first, the perception of law enforcement
officers in the implementation of diversion is very important in fighting for the rights of child
offenders and carrying out in accordance with applicable regulations, the role of law enforcement
officers in carrying out diversion which is the transfer of settlement of child cases from the criminal
justice process to The process outside the criminal court according to the researcher is not carried
out properly because there are still many law enforcement officers, especially child investigators
who understand the Juvenile Criminal Justice System. As well as the lack of certification by law
enforcement officers in handling cases of children in conflict with the law. This can be seen from
the number of child cases that end in criminal decisions in court. Second, the obstacles in
implementing Diversion in Pelalawan Regency, namely at the stage of investigation, prosecution,
courts that come from the victims themselves who do not want to make peace with child
perpetrators, and the lack of certification and efforts of investigators in facilitating diversion.
Keywords: Diversion – Perspective - Law Enforcement Apparatus
is an important part in the implementation of Juvenile Criminal Justice. Diversion is an action or
treatment to divert a case from a formal process to an informal process, or to place the perpetrators
of child crimes out of the juvenile justice system. This means that not all cases of juvenile
delinquents must be resolved through formal courts, and provide an alternative for settlement with
a justice approach in the best interests of the child and by considering justice for the victim.
However, in Pelalawan Regency there are still many cases of crimes committed by children which
end in criminal decisions at the Pelalawan District Court. The purpose of writing this thesis,
namely: First, to determine the perception of law enforcement officers in Pelalawan Regency
related to the concept of diversion. Second, to find out the obstacles to the implementation of
diversion by law enforcement officers in Pelalawan Regency.
This type of research can be classified in the type of sociological juridical research,
because in this study the author directly conducts research in the place under study in order to
provide a complete and clear picture of the problem to be studied, while the population and sample
are all parties related to the problem studied in this study, data sources used, primary data,
secondary data and tertiary data, data collection techniques in this study with interviews and
library data.
From the results of this study it was concluded, first, the perception of law enforcement
officers in the implementation of diversion is very important in fighting for the rights of child
offenders and carrying out in accordance with applicable regulations, the role of law enforcement
officers in carrying out diversion which is the transfer of settlement of child cases from the criminal
justice process to The process outside the criminal court according to the researcher is not carried
out properly because there are still many law enforcement officers, especially child investigators
who understand the Juvenile Criminal Justice System. As well as the lack of certification by law
enforcement officers in handling cases of children in conflict with the law. This can be seen from
the number of child cases that end in criminal decisions in court. Second, the obstacles in
implementing Diversion in Pelalawan Regency, namely at the stage of investigation, prosecution,
courts that come from the victims themselves who do not want to make peace with child
perpetrators, and the lack of certification and efforts of investigators in facilitating diversion.
Keywords: Diversion – Perspective - Law Enforcement Apparatus
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