KAJIAN KETENTUAN DIVERSI TERHADAP PELAKU ANAK TINDAK PIDANA KEKERASAN SEKSUAL

Utami, Cyndi (2023) KAJIAN KETENTUAN DIVERSI TERHADAP PELAKU ANAK TINDAK PIDANA KEKERASAN SEKSUAL. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Diversion is a way to divert the settlement of children's cases from the criminal justice process to a process outside of criminal justice. This study aims to determine the provision of diversion to child perpetrators of sexual violence crimes based on Law No. 11 of 2012. This research is normative in nature which has a focal point on positive legal norms using secondary data as the main data, the results of this research are processed with qualitative data analysis to examine information in depth. This research produces answers to the problem that diversion cannot be given to child perpetrators in sexual violence crimes based on Law No. 11/2012 for the following reasons: 1. The exception of Article 23 of Law No. 12 of 2022 cannot be applied because diversion is regulated in Law No. 11 of 2012; 2. The diversion requirements in Article 7 paragraph (2) of Law No. 11 of 2012 are not fulfilled because sexual violence is punishable by more than 7 years; 3. Sexual violence is a serious crime.

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