Misconception on the Implementation of Diversion System Within Child Criminal Justice System in Indonesia

Rosidah, Nikmah and Ali, Chaidir (2021) Misconception on the Implementation of Diversion System Within Child Criminal Justice System in Indonesia. In: I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia.

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Abstract

Based on Article 7 of Law Number 11 of 2012 concerning Child Criminal Justice System (CCJS Law) which stipulates that at the level of investigation, prosecution and examination of children's cases in the district court must be pursued for diversion and the crime that is punishable by imprisonment under seven years and not a residiv crime. Diversion itself is intended to ensure that child crime cases can be settled out of court. However, in practice of diversion often cannot work well since the stakeholder relating to such issue also legal enforcer didn’t understand the essence of the diversion. Using the juridic-normative research method with case study approach, this study found that the application of the diversion often recognized to be similar as giving compensation to the victim of child crime, though those conception are greatly different to each other. Thus, it can be concluded the urge of knowledge improvement about the diversion and the need for public education through legal counseling to understand the intention of the diversion itself. Ultimately, the diversion is expected to be optimally applied.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: implementation; diversion; ccjs
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 21 Jun 2021 08:25
Last Modified: 21 Jun 2021 08:25
URI: https://eprints.eudl.eu/id/eprint/3978

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