Js.Murdomo
Law Study Program, Faculty of Law, Janabadra University, Yogyakarta, Indonesia

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Implementation of Diversion for Children in Conflict with the Law for the Crime of Theft at the Sleman Police Said Azhar Zulviqri; Js.Murdomo
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.1992

Abstract

This study examines the implementation of diversion for children in conflict with the law involved in theft cases at the Sleman Resort Police. Diversion, as regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, aims to resolve juvenile criminal cases outside the formal criminal justice process by prioritizing restorative justice and the best interests of the child. This research employed a normative juridical approach with a descriptive research design. Primary data were collected through interviews with investigators at the Sleman Resort Police, while secondary data were obtained from legislation, legal literature, and other relevant documents. The collected data were analyzed qualitatively using descriptive analysis. The findings indicate that the implementation of diversion in theft cases involving children at the Sleman Resort Police has generally been carried out in accordance with the procedures stipulated in the Juvenile Criminal Justice System Act. The diversion process involves victims, offenders, parents, community counselors, and other relevant stakeholders to achieve a mutually agreed settlement. However, several obstacles remain, particularly the limited public understanding of the concept and objectives of diversion, as well as the perception that diversion is merely an attempt to avoid criminal sanctions. Despite these challenges, investigators have been able to facilitate diversion effectively, resulting in agreements that protect children's rights while ensuring accountability and restoring social harmony.