Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)

Formulation Policy About Diversion in the System of Juvenile Criminal Justice as an Effort for Criminal Prevention

Authors
Krismiyarsi
Corresponding Author
Krismiyarsi
Available Online 20 May 2020.
DOI
10.2991/aebmr.k.200513.114How to use a DOI?
Keywords
diversion, juvenile justice system
Abstract

The juvenile justice system law regulates diversion, namely the transfer of settlement of cases of children in conflict with the law from criminal justice processes to processes outside of criminal justice. Diversion is carried out in the case of a crime committed: threatened with imprisonment under 7 (seven) years; and is not a repeat of a criminal offense. The research method used in this study uses normative juridical research types, using secondary data and data analysis using qualitative analysis. The results of the research show that: The diversion provisions can prevent imprisonment and avoid stigmatization of children in conflict with the law and it is hoped that children can return to the social environment naturally. But in its implementation it causes discrimination against children who are in conflict with the law, considering that in many cases children often commit crimes not alone, but together with their friends, for example: theft committed together. In such case, because of the threat of theft which is carried out together including theft by weighting (violating Article 363 of the Indonesian Criminal Code), which is punishable by imprisonment for a maximum of 7 years, it cannot be diversified, and this is detrimental to the child especially if the stolen item not very expensive, so the non-discrimination principle listed in Article 2 point c does not materialize. Therefore there needs to be a revision of the diversion provisions in Undang-Undang Republik Indonesia No. 11 Tahun 2012.

Copyright
© 2020, 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/).

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Volume Title
Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
Series
Advances in Economics, Business and Management Research
Publication Date
20 May 2020
ISBN
10.2991/aebmr.k.200513.114
ISSN
2352-5428
DOI
10.2991/aebmr.k.200513.114How to use a DOI?
Copyright
© 2020, 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/).

Cite this article

TY  - CONF
AU  - Krismiyarsi
PY  - 2020
DA  - 2020/05/20
TI  - Formulation Policy About Diversion in the System of Juvenile Criminal Justice as an Effort for Criminal Prevention
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 587
EP  - 592
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.114
DO  - 10.2991/aebmr.k.200513.114
ID  - 2020
ER  -