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All Journal Refleksi Hukum: Jurnal Ilmu Hukum Ta'zir: Jurnal Hukum Pidana
Airlangga, Rendy
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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REFORMULASI KONSEP DIVERSI BERDASARKAN CITA HUKUM NON-DISKRIMINASI Airlangga, Rendy; Pradipta, Hizkia Andhian; Erdianto, Dyta Widi
Refleksi Hukum: Jurnal Ilmu Hukum Vol. 8 No. 1 (2023): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2023.v8.i1.p17-38

Abstract

The SPPA Law carries restorative justice approach in the form of diversion. The application of restorative approach in SPPA Law has the aim of protecting the child. However, the implementation adheres to discriminatory requirements. The formulation of the problems are: (1) What are the ideal conditions for diversion? (2) What are the problems in the diversion agreement? The method that being used in this study is normative juridical method with statutory and conceptual approach. The application of diversion should be executed for all ABH. Diversion requirements limit the application of restorative justice and provide space to take revenge on ABH. The diversion agreement can create a sense of injustice in society. Reconciliation and return to parents are not an effective way of diversion. Participation in education and community service should be the key so that ABH do not repeat their actions.
JUVENILE JUSTICE: ALTERNATIVE COMMUNITY SERVICE WHEN DIVERSION IS NOT ACHIEVED Fajriyah, Aida Ihsaniati; Airlangga, Rendy
Tazir Vol 9 No 2 (2025): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v9i2.31735

Abstract

The effectiveness of basic punishments for children in conflict with the law when diversion is not achieved, particularly regarding community service as an alternative punishment, is the focus of this study. The purpose is to determine the most appropriate form of punishment for children when diversion fails and to assess whether community service is the best option. Using a normative juridical method, the study finds that each basic punishment in Article 71 Paragraph (1) of the Juvenile Criminal Justice System Law has its strengths and weaknesses. A warning is too lenient, guidance outside the institution emphasizes rehabilitation but lacks facilities, supervision allows normal activities but has no deterrent effect, job training is potentially beneficial but often noncompliant, and institutional guidance faces obstacles in fulfilling children's rights. Imprisonment is the least effective because it negatively affects children's psychological and social conditions and should be a last resort. Among all punishment, community service is deemed most ideal as it aligns with corrective, rehabilitative, and restorative principles, keeps children in their environment, and fosters social responsibility and empathy  
Co-Authors Erdianto, Dyta Widi Fajriyah, Aida Ihsaniati Pradipta, Hizkia Andhian