FAKTOR PENYEBAB KETIDAKBERHASILAN DIVERSI PADA TAHAP PENYIDIKAN DALAM IMPLEMENTASI PENYELESAIAN KASUS KEJAHATAN JALANAN DI POLRESTA YOGYAKARTA

Tambunan, Cici Yuni Listiani (2022) FAKTOR PENYEBAB KETIDAKBERHASILAN DIVERSI PADA TAHAP PENYIDIKAN DALAM IMPLEMENTASI PENYELESAIAN KASUS KEJAHATAN JALANAN DI POLRESTA YOGYAKARTA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Not all cases of Diversion are successfully deliberated. Many factors hinder the process of seeking Diversion, especially at the investigation stage. Investigators are obliged to carry out Diversion as early as possible by conducting deliberations. In this case, the investigator is only a facilitator by directly involving the perpetrator and victim following the Juvenile Criminal Justice System Law provisions (Law Number 11 of 2012). The role of the investigator as a facilitator is intended to achieve peace between the victim and the child and resolve child cases outside the judicial process, thereby reducing the negative impact of the child's involvement in the court process. Still, the fact is that in the case of crimes, especially abuse, it was found that there was no successful implementation of Diversion carried out at the Yogyakarta Police Station. That fact is indicated by an affidavit requesting that the perpetrator be punished and processed like an adult offender. Legal research is carried out in empirical research that focuses on social facts. Data was collected by interviewing interviewees and respondents and conducting document studies. The research locations are Polresta Yogyakarta and Balai Correctional Center Class 1 Yogyakarta. The result of this study is that the factors causing the unsuccessful Diversion at the investigation stage are the factors of the perpetrator's child's family, the victim's family, the value of the loss, the investigator, and the victim's physical condition due to the perpetrator's child's actions. Based on the findings in the field, it is also known that the ability of investigator himself still needs to understand the concept of Diversion and, from the number of existing investigators, still needs a training or vocational certificate regarding the implementation of Diversion. In this case, the author advises investigators to conduct training on the juvenile criminal justice system so that the implementation of Diversion can run well.

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