LEGAL ANALYSIS ON DIVERSION CONCEPT FOR CHILD IN CONFLICT WITH THE LAW RELATED TO LAW NO.11 OF 2012 CONCERNING ON JUVENILE CRIMINAL JUSTICE SYSTEM

Abstract

This research aims to analyze and discover the answers to 2 (two) things: first, the regulations regarding the concept of diversion concept based on Law No. 11 of 2012 concerning on Juvenile Criminal Justice System (SPPA Law); second, the implementation on the concept of diversion by law enforcers. Type of research that used to understand the research is normative-empirical which is researching and reviewing based on the source of law that related to diversion concept followed by research the facts in field through data observation and interview. Type of data used in this research is secondary data that obtained from visit to some libraries including National Library and Adam Kurniawan Library President University and also by conducted interview to Polres Metro of East Jakarta. This research use statute approach and comparison approach. The analysis method is descriptive-analysis which discloses the legal aspects and current implementation followed by analyze based on the regulation (SPPA Law), legal theory which is restorative justice theory and facts in field in accordance with discussion object. The results of research are: first, in the regulation regarding diversion, there is limitation based on criteria of diversion. Diversion is only obligated for Child with sanction less than 7 (seven) years of imprisonment and not repetition of crime. Besides that, diversion is limited to the agreement of stakeholders to solve the case with diversion. Second, in the implementation diversion by law enforcers become very normative and limited to incomplete implementing guidelines. The Author gives recommendation for regulation and implementation of diversion concept is not limited to imprisonment penalty and agreement of stakeholders, the issuance of implementing guidelines, and procurement of training for law enforcers as diversion facilitator, also learn from New Zealand that has supervisory control between law enforcers and the implementation of diversion is not limited to imprisonment penalty.