BENTUK DIVERSI DALAM PENYELESAIAN PERKARA PIDANA ANAK GUNA MEMBERIKAN PERLINDUNGAN BAGI ANAK YANG BERHADAPAN DENGAN HUKUM

Perkasa, Baskami Agung (2020) BENTUK DIVERSI DALAM PENYELESAIAN PERKARA PIDANA ANAK GUNA MEMBERIKAN PERLINDUNGAN BAGI ANAK YANG BERHADAPAN DENGAN HUKUM. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Children are a mandate and a gift from God Almighty who are inherent in their dignity as a whole human being. So that the legal actions taken by the child must consider the best interests of the child. Diversion is the diversion of the settlement of children's cases from the criminal justice process out of the criminal justice process, so that children are not stigmatized which ultimately disrupts their development. One of the reasons behind the obstacles in the implementation of this diversion is that it is not further explained what form of diversion is. Based on the background of this problem, the formulation of the problem raised by the author in writing this law is: What is the right form of diversion in fulfilling the rights of children in conflict with the law in order to resolve criminal cases committed by children? This study uses a normative research method, the source of data in this study comes from primary and secondary legal materials. The way of data analysis is done by comparing and analyzing primary law to find truth normatively. Assisted by secondary data in the form of legal opinions and information from sources for later analysis and finding differences in legal opinions. The conclusion in this study is that penal mediation as a form of diversion in the settlement of criminal cases committed by children is a form of settlement that is very much in line with the juvenile criminal justice system. This can be seen from the ideas and principles contained in penal mediation, namely ideas and principles based on restorative justice. Penal mediation also provides opportunities for children to express their feelings, to correct mistakes they have made, and to provide understanding to children about the actions they have done.

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