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Pelaksanaan Diversi dalam Penyelesaikan Tindak Pidana Penganiayaan Anak dengan Korban Anak di Unit Perlindungan Perempuan dan Anak Polres Payakumbuh Vikri Haikal; Yenny Fitri. Z
Jurnal Ilmiah Dan Karya Mahasiswa Vol. 4 No. 3 (2026): Juni : JURNAL ILMIAH DAN KARYA MAHASISWA (JIKMA)
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54066/jikma.v4i3.4901

Abstract

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System regulates diversion, restorative justice, and the protection of children’s rights throughout every stage of legal proceedings. This study analyzes the implementation of diversion and its obstacles in resolving a criminal assault case involving a child perpetrator and a child victim at the Women and Children Protection Unit of Payakumbuh Police Department, as recorded in Police Report Number LP/B/266/VII/2025/SPKT/POLRESPAYAKUMBUH dated July 31, 2025. This study employed an empirical juridical approach with a descriptive design. Data were collected through field research and analyzed based on relevant legal provisions. The findings demonstrate that investigators initially mediated between the perpetrator and victim, accompanied by their parents. Because the victim was initially unwilling to forgive the perpetrator, the case proceeded to the investigation stage. Since the offense carried a prison sentence of less than seven years, investigators were required to conduct diversion involving both parties, their parents, the Correctional Center, social services, and legal counsel. The process resulted in a peaceful settlement without compensation and the perpetrator’s commitment not to repeat the offense; therefore, the case was discontinued. Obstacles included the parties’ absence, refusal to reconcile, the perpetrator’s escape, and limited public understanding of diversion.