Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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The Unused of Diversion within Law Conflicted Children in Serious Abuse Case of David Ozora

Authors
Eka Suryantoro1, *
1Universitas Jenderal Soedirman, Purwokerto, Indonesia
*Corresponding author. Email: ekasuryantoro5@gmail.com
Corresponding Author
Eka Suryantoro
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_94How to use a DOI?
Keywords
Diversion; Child Crime; and Serious Abuse
Abstract

Diversion on child offenders is to implement a better alternative in comparision to the official procedures in court. The main issue of diversion is to put the child aside from formal court procedures. This study aims to find out the excuses for diversion’ absence. This study was designed with a normative juridical approach in accordance to a statutory approach (statute approach), a case approach (case approach) and a conceptual approach (conceptual approach). Data sources obtained from library research. Furthermore, the data were analyzed by descriptive analysis method which based on the results of the analysis was figured out that the reasons for the absence of diversion in the AG case, child in conflict with the law in the case of serious maltreatment of David Ozora, was that the victim's family against the application for diversion, and the AG child in conflict was to be put in charged with Article 354 of the Criminal Code carying a sentence of over 7 years allowing the prosecutor, after receiving the case transfer from the police, to determine that the case will be transferred to a court hearing.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
10.2991/978-2-38476-164-7_94
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_94How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Eka Suryantoro
PY  - 2023
DA  - 2023/12/21
TI  - The Unused of Diversion within Law Conflicted Children in Serious Abuse Case of David Ozora
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 1013
EP  - 1019
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_94
DO  - 10.2991/978-2-38476-164-7_94
ID  - Suryantoro2023
ER  -