Optimization of Social Report as a Consideration of Diversion in The Child Criminal System

Abstract

There is one factor that becomes an obstacle if the child has received the coaching process at the Child Special Guidance Institute (hereinafter referred to as LPKA), namely the existence of "stigmatization" attached to the child so that it does not make it easier for children to socialize. The "Labeling" theory shows that labeling or in other words this stigmatization can damage the future of children where the future is still long. Therefore, the application of imprisonment for children must be an "ultimum remedium" or "the last resort", which means that imprisonment must be the last resort. This is where the diversion function lies as the concept of solving children's problems without going through a trial so that children are not burdened by negative stigma that will be attached to them, but in practice the diversion process often experiences obstacles, one of which is the lack of understanding of law enforcement towards the situation and condition of children, this is because not optimal community research or social reports on children in conflict with the law. The specific purpose of this research is to identify and analyze the factors that cause the non-optimal implementation of social reports on children's cases and to find out the efforts made in maximizing social reporting in an effort to implement diversion in children's cases. The method used in this research is empirical research, namely research with field data as the main data source, such as the results of interviews and observations

Development of a Restitution Model Based on Justice and Legal Certainty for Crime Victims in Indonesia

“…The model of restitution mechanisms needs to refer to the diversion submission mechanism in cases involving juvenile offenders, where diversion must be pursued at the investigative, prosecutorial, and judicial levels (Hiola et al, 2021). The objective of diversion is solely to prioritize the best interests of the child (Smith, 2021), showcasing the state's intervention in safeguarding the child (Donnelly, 2023).…”

Requirement Analysis for Diversion in Juvenile Criminal Justice Proceedings

“…In light of the challenges above, the question posed in this study is: What are the conditions for Diversion in the juvenile criminal justice system? To implement Diversion, the investigator, the public prosecutor, and the judge must consider a number of these factors [5]. The Diversion requires the victim and the child's consent, as well as the child and family's willingness, except under the following circumstances: Crimes in the form of infractions, misdemeanors, and victimless offenses; or The victim's loss does not exceed the local and provincial minimum wage.…”