Diversion in the Settlement of Child Cases to Realize Restorative Justice in Richard A Posner’s Theory View

DOI

10.2991/assehr.k.211014.014How to use a DOI?

Keywords

Children, Diversion, Economic Analysis of Law, Restorative Justice

Abstract

This study aims to analyze the principles of diversion in view of Richard A Posner’s theory of legal efficiency. The economic analysis of law approach is used to analyze diversion arrangements in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System in order to realize restorative justice. The research method used is normative legal research, using primary legal materials and secondary legal materials. The results show that the diversion regulation in the SPPA Law according to the study of efficiency theory from Richard A Posner can achieve restorative justice and reduce the costs needed in the juvenile criminal justice process and reduce the overpopulation of correctional institutions. Settlement of child cases out of court (diversion) as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) as a spirit in the protection of children in conflict with the law has not had a positive impact. The rate of detention of children is still quite high. Data from the Directorate General of Corrections (Ditjenpas) shows that the number of juvenile detainees is still quite high since the enactment of the SPPA Law. The concept of diversion is intended to avoid stigmatization of children in conflict with the law and to provide protection for victims. It is time for a retributive approach to resolving children’s cases to be replaced with a restorative approach, so that it is not a punishment/retaliation, but a restoration back to its original state through the provision of restitution (reparations) to the victim as a result of the agreement between the perpetrator and the victim.

Copyright

© 2021, 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  - Subekti
AU  - Hartiwiningsih
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2021
DA  - 2021/10/16
TI  - Diversion in the Settlement of Child Cases to Realize Restorative Justice in Richard A Posner’s Theory View
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 56
EP  - 61
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.014
DO  - 10.2991/assehr.k.211014.014
ID  - 2021
ER  -