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All Journal Alauddin Law Development Journal (ALDEV)
Fachri, Muh Ashar
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridicial Review of Diversion Application Against Theft by Children Fachri, Muh Ashar; Erlina; Amiruddin, Muh.
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.22511

Abstract

In juvenile criminal law, children are also involved in criminal acts. Children under 10 are usually not punished, while children aged 10-16 can be punished. However, in the enforcement of punishment for children, it is important to pay attention to their stage of development. The method in this study is normative way. The result showed that is is reflected in Law No. 11 of 2012 concerning the juvenile criminal justice system, where diversion is used as an alternative to settlement outside of Justice. However, in certain cases such a number: 10/Pid.Sus.Child/2020 / Fr. Sgm, diversion is not applied because it only applies to child offenders who first make mistakes. In this case, the offender has committed a repeated criminal offense, so the judge decides to give a criminal sentence.
Co-Authors Amiruddin, Muh. ERLINA