DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK (KAJIAN NORMA DAN PRAKTEK)

Abstract

The objective of the research was to identify why diversion was only applied affected to children facing legal proceedings and how the diversion was applied in legal proceeding, it was juridical/empirical, in the problem formulations wee: (1) why is diversion only affected to children facing legal proceedings? (2) Why were there diverences in the process of diversion in palu court of the first instance. The results of the research showed that diversion can be adopted to reach people social walfare, specifically child social welfare and child protection. Accordingly, the children needed to be released from legal processes, as they could badly affect their physical, psychological and mental developments. The factors causing differences in the diversion effects were influenced by freedom of judge, judge perception and judge background. There were judge preferring positivism with legal certainly approach. On the other hands, there also progressive judges preferring restorative approaches. It was concluded that diversion was affected only to children commiting minor crimes, instead of the major oner. In fact, there were evidences of inconsistency in the implementacion of diversion in palu court of the first instance againts law numbre 11 year 2012  about Child Criminal Justice System and state regulation number. 65 yer 2015 about  Diversion implementation guide and treatment to lower than 12 years old, especially regarding the concept of diversion and conditions for diversion