EKSISTENSI HUKUM POSITIF DALAM OPTIMALISASI UPAYA DIVERSI TERHADAP PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM

Bartama, Primus Adiodatus Abi (2016) EKSISTENSI HUKUM POSITIF DALAM OPTIMALISASI UPAYA DIVERSI TERHADAP PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM. . pp. 1-16.

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Abstract

The purposes of this research are to know the existence of positive law as a basis for diversion implementation, concerning children in conflict with law issue’s case, and also to know the optimilization of diversion effort in every part of inspection. The research method that used in this research was normative research method, which is focus with the regulations in accordance to examine consistence and synchronization of regulation implementation with the reality. Diversion is a resolution for the children’s case, from the criminal court process until outside of the criminal court. In the children criminal court, diversion is important thing because by the existence of children diversion, it is expected to avoid from the negative stigma in criminal court system. Existence of positive law in which arrange about diversion implementation concerning children in conflict with law issue, has not adequate in principle to become a basis for diversion implementation. This is caused by no regulations governing the procedures for deliberation diversion and facilitators at every part of juridiction. In the trial stage in court, it should complement the rules those currently exist, with the rules regarding facilitator. Efforts optimization that can be implemented in every part of inspection are complete the existing legal regulations, the development of human resources of law enforcement officials, in every part of juridiction and repair of existing facilities and infrastructure.

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