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