Research Repository
Reformulasi Syarat Pelaksanaan Diversi dalam Sistem Peradilan Pidana Anak di Indonesia
Author : Muliani Samiri
Abstrak:
The large number of children imprisoned shows that there are still problems with legal norms in the
Juvenile Criminal Justice System, especially the application of diversion in Indonesia. The purpose of
this research is to find the ideal concept in the implementation of diversion without any conditions for
the application of diversion to children who are in conflict with the law. The method used in this
research is normative legal research with a normative juridical approach. The results of the study show
that the existence of a diversion requirement in the Juvenile Criminal Justice System allows judges to
decide cases by imposing prison sentences on children. The existence of special child protection
agencies or other child protection institutions only exist in provincial towns, which are far from the
child's family, so imprisonment is the choice for judges in deciding cases. The conclusion of this study
is that the implementation of diversion must be unconditional, so that all types of criminal acts
committed by children are tried to diversion as much as possible. If the diversion agreement is not
fulfilled then choose imprisonment as the last alternative in sentencing children who are in conflict with
the law. Apart from that, LPKA and LPKS should also be built in districts/cities so that children who are
sentenced to be placed in LPKA or LPKS are not far from their families