Tag Archives: Diversion Concept; Children; Law; Criminal Justice

The Implementation of Diversion Concept in the Children’s Inventory Process at Polres Langkat, Medan, Indonesia (Published)

One of the rights of a child who is a perpetrator of a criminal offense is getting diversion. Diversion is the transfer of the settlement of children’s cases from the judicial process criminal proceedings to proceedings outside of criminal justice. Diversion is applied to the child who was 12 years old but not yet 18 years old or older 12 years old though never married but not yet 18 years old, threatened with imprisonment under 7 years and not a repeat of acts criminal. Giving authority to the police as investigators for to diversify due to police position as an enforcement agency the first law and direct contact with the community Database Penitentiary System, at prisons II Tanjungpura from 2015 until March 2017 there are 230 children so it becomes the highest rank have child prisoners throughout Langkat Regency. Problems which will be discussed in this study is how the protection of the law against the perpetrators of child crime in Polres Langkat and what is the application the concept of diversion there is in accordance with Law no. 11 of 2012 on the Criminal Justice System of the Child. This type of research is field research with using the empirical juridical approach of research into the problem by looking at and observing the applicable legal norms connected with the facts that exist from the problems encountered in the study. Type of this research is descriptive analysis that is describe and analyze events occurring in the investigation process using the concept of diversion at Polres Langkat. Technique of collecting data by interview, observation and recording of child investigation data at Polres Langkat. Data analysis method done by way of gathering information through interviews and documents, data reduction by the selection process, focusing attention to information deemed to be in accordance with the issues of interest, view and reviewing legislation on investigation, diversion and child protection, data presentation in the form of narrative text and tables, final stage namely drawing conclusions The results of this study indicate that the application of the concept of diversion on the investigation process at Polres Langkat has not been fully in accordance with Law no. 11 Year 2012 on Child Criminal Justice System. There is still a child’s right not fulfilled as such, does not involve a Community Counselor does not involve professional social workers from the Social Service, there are some cases that are not eligible to be applied in a version, there are a child who is not accompanied by a parent / guardian, is not accompanied by a power of attorney law, some cases do not seek expert opinion due to cost constraints, the detained child is in adult custody

Keywords: Diversion Concept; Children; Law; Criminal Justice