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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Darwanto
Universitas Brawijaya
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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THE MEANING OF DIVERSION REGARDING THE PHILOSOPHICAL BASIS IN THE JUVENILE CRIMINAL JUSTICE SYSTEM Darwanto; darwanto Darwanto
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4548

Abstract

Talking about children is a very important thing, because children are a mandate and gift from God Almighty who have the dignity and honor as a whole human being, and play a role in determining the history of the nation, as well as a reflection of the nation's attitude in the future. Therefore, the state is obliged to provide protection and realize the welfare of children so that they can continue to live, to grow and develop according to their nature. Today, the impact of the rapid dynamics of life can change the characteristics of children where children are a hope for the nation and state for the future. However, in fact, children are rampant in committing a form of crime based on ignorance due to the surrounding environment. In Indonesia, children who commit crimes, especially children who are underage or not competent, receive a form of legal protection in the form of diversion. However, there are still many children who are in conflict with the law even though the child is underage or not competent, ending up undergoing criminal sanctions in the form of imprisonment for children. So with that, the provisions of the diversion policy can still be said to not fully reflect legal protection for children in conflict with the law, especially for children who are under age or legally incompetent. It is only right that the interests of children are fully protected for the future of the child through diversion
FORMS OF JUSTICE AND CRIMINAL LEGAL PROTECTION FOR CHILDREN THROUGH DIVERSION IN THE FUTURE Darwanto; Sudarsono; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4549

Abstract

Children are a gift from God Almighty, potentially as the next generation to continue the ideals of the struggle of the Indonesian nation, so that they have the right to survive, grow and develop. For this reason, children are considered to need to be given physical and spiritual protection, because every child who is in conflict with the law is always sentenced to imprisonment, even though imprisonment has not gained the trust of the community, thus causing problems. The background underlying this writing is the application of diversion in resolving cases involving children as perpetrators of criminal acts who are sentenced to more than 7 years. Concretely, the problem raised in this writing is how the form of child justice protection through diversion and how the legal regulations on diversion in Indonesia are just. This writing uses a normative research method with a statute approach. Through analysis with this method, it can be seen that the provisions of diversion which are legally regulated in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System have been able to be carried out starting from the investigation stage and the results of the diversion agreement are issued in the form of a Court Decision, and there is an expansion of several articles in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System which is further regulated in the Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. However, in the continuation regulated by Perma Number 4 of 2004, it does not explicitly regulate the maximum criminal limit for juvenile criminals set above 7 (seven) years
Co-Authors Abdul Madjid Bambang Sugiri darwanto Darwanto Sudarsono