PENERAPAN DIVERSI OLEH APARAT KEPOLISIAN TERHADAP ANAK SEBAGAI PELAKU TINDAK KEKERASAN

Lumaksana, Gigih (2015) PENERAPAN DIVERSI OLEH APARAT KEPOLISIAN TERHADAP ANAK SEBAGAI PELAKU TINDAK KEKERASAN. . pp. 1-16.

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Abstract

Following the development of society, the type and the motive of a crime changes in terms of quality and quantity.One crime that is often done these days is a crime of violencehe most worrying is that violent crime committed by children.Crimes of violence involving children as perpetrators always criticized for law enforcement because it is considered not heed about the way how to enforce child who is having trouble with the law, and often enacted just like an adult.In accommodate the principles of the protection of children, especially the principle of non-discrimination that prioritizes the best interests of the child, survival and development of children Law of the Republic of Indonesia Number 11 of 2012 on the Criminal Justice System Child has set firmly on Restorative Justice and Diversion.The formulation of the problem is, whether the application of diversion already provide protection to children as perpetrators of violence,then what are the constraints by law enforcement officials in the application of diversion for children as perpetrators of violence.This type of research in the writing of the law is normative, research that focuses on positive law in the form of legislation, and these studies require primary legal materials as the main data.This law also requires a study of secondary data in the form of oral and written opinion of the parties and relevant experts.The conclusion in the writing of this law is, Concept Diversion and Restorative Justice has not fully provide protection for children in trouble with the law.Implementation of diversion and restorative justice can only be applied to children who commit minor crimes that are punishable by less than 7 (seven) years in prison, and is not a repetition of criminal acts.

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