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All Journal Jurnal Legalitas Jurnal Ilmiah Hukum LEGALITY Jambura Law Review Jurnal Independent
Febrianika Maharani
Brawijaya University
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Legalitas

 1 
Challenges in Implementing Diversion for Child Offenders: A Case Study of the Malang Police Department Maharani, Febrianika
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.27692

Abstract

Diverting children from the formal criminal justice system is imperative to safeguard their future and well-being. Indonesia’s Juvenile Criminal Justice System Act (UU SPPA) mandates diversion at every stage of the process for children in conflict with the law. However, diversion frequently fails due to legal conditions not being met, particularly the requirement of victim approval under Article 9(2). This empirical, socio-legal study examines the challenges of implementing diversion at the investigative stage in the Malang Police Department. Findings reveal that while the police adopt a restorative and child-friendly approach, diversion efforts often collapse due to disproportionate demands from victims’ families, who can block the agreement entirely. Such power imbalance risks obstructing restorative justice and may subject children to unnecessary stigmatization and incarceration. The study highlights an urgent need for legislative reform to prevent the misuse of victim consent as an absolute condition. It proposes an amendment to Article 9 to empower investigators and social officers to assess the fairness of victims’ demands relative to actual harm. This research contributes novel insight by exposing how legal rigidity enables the undermining of diversion’s restorative aims and suggests a statutory safeguard to restore balance. These findings are critical to promoting equitable justice for all parties while ensuring the best interests of the child.
Criminal Responsibility for Children Who Perpetrate Serious Abuse to Achieve Justice In Society Maharani, Febrianika
JURNAL LEGALITAS Vol 16, No 2 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v16i2.21377

Abstract

This article is an analysis of cases of serious abuse by child perpetrators, which were analyzed normatively using a statutory approach. The results of the analysis show that the age limit for criminal responsibility for children who commit serious abuse cannot be the same because each child has a different development process which affects their maturity in thinking. If the child's age is used as the only basis for consideration in deciding a child's case, then children who are perpetrators of criminal acts who are not yet 12 (twelve) years old cannot be given any sanctions in the form of actions or criminal penalties and to children who are not yet 14 (fourteen) old. years can only be given sanctions in the form of action. It is feared that this will become a legal loophole so that cases of crimes by children will continue to occur. The best interests of the child must be fought for for the child's optimal growth and development, but justice for the community, especially for the victim, must also be achieved, especially if the victim is also a child who must receive protection. Forensic psychologists are needed to assess and provide an overview of the psychological condition of children who have suffered serious abuse. So, when deciding on children's cases, the judge will refer to 2 (two) things, namely the age limit for criminal responsibility for children and the results of forensic psychological examinations. There is a need for reformulation in Article 21 paragraph (1) and Article 69 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by adding the results of forensic psychological examinations as a basis for consideration in deciding juvenile cases.
Co-Authors A. Kadir, Nadhilah Abda Abda Ardi Ferdian Nurini Aprilianda Solehuddin Solehuddin