Requirement Analysis for Diversion in Juvenile Criminal Justice Proceedings

Abstract

Diversion transfers a child's case settlement from a criminal justice process to a process outside of criminal justice. The diversion process is helpful for children dealing with the law to avoid adverse effects on the child's growth and development in the future. The research used is empirical normative legal research. The data sources used are primary data sources and secondary data sources. The data collection technique in this writing uses several methods, namely interviews and literature reviews. The result and conclusion of this study are that the diversion requirement in the juvenile justice process in practice follows the mandate of the SPPA Law. If some of these criteria are not met, the diversion process proceeds to the trial, and the chief justice prepares a schedule for the proceedings. Suppose the Diversion can be carried out and has met the criteria of the predetermined conditions. In that case, the chief justice immediately determines the timetable for implementing the recreation of the child and the victim. In the diversion process, in this case, the parties are obliged to pay attention to the interests of the victim, the welfare and responsibility of the child, the avoidance of negative stigma, and the avoidance of retaliation. The suggestions in this study should be the existence of a Temporary Child Placement Institution, now abbreviated as LPAS, a temporary place for children during the judicial process.