KEWENANGAN PENUNTUT UMUM ANAK UNTUK MELAKUKAN PENUNTUTAN TERHADAP ANAK DALAM UPAYA DIVERSI YANG GAGAL DI DAERAH ISTIMEWA YOGYAKARTA

Damayanti, Nurul Fransisca (2020) KEWENANGAN PENUNTUT UMUM ANAK UNTUK MELAKUKAN PENUNTUTAN TERHADAP ANAK DALAM UPAYA DIVERSI YANG GAGAL DI DAERAH ISTIMEWA YOGYAKARTA. S2 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The thesis is “The Authority of Children Public Prosecutor to do the prosecution to the children in the failed diversion effort in Jogjakarta ”. It’s objective is to know and examine the children public prosecutor authority in doing prosecution to the children in an diversion effort to know and examine the influencing factors to failed diversion. This research is a normative research and uses the law politic approach. The sources of the data are taken from secondary data consists of primary law material and secondary law material. Data collecting methods uses a library research and interviews. The primary and secondary law material are analyzed with law analysis method. The deductive thinking way is used to take in making a conclusion. The justice theory is used as an analysis’ knife in examining the research result. It shows that diversion must be implemented every part from the child judiciary system, although often failed. If It is failed, so the public prosecutor will adjudicate it by consideration of the restorative justice involved all related parties and finding the fair solution, emphasize on recovery of the previous condition and not retaliation. Factor caused of failure is because not the same perception for the importance of diversion in society. Jail is considered as the most powerful to make the repentance to the children who conflict with the law

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