Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Vol. 3 No. 4 (2024): January (January-March)

THE EFFECTIVENESS OF DIVERSION IN RESOLVING CHILD CRIMINAL CASES TO ACHIEVE RESTORATIVE JUSTICE IN THE CHILD CRIMINAL JUSTICE SYSTEM

Boniek Juventus (Unknown)
Haposan Silalahi (Unknown)
Utreck Ricardo (Unknown)
Syaiful Asmi Hasibuan (Unknown)



Article Info

Publish Date
28 Dec 2023

Abstract

The provisions of Article 1 point (6) of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System, states that restorative justice is the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties together. seek a fair solution by emphasizing restoration to the original state, and not retaliation. Therefore, the juvenile criminal justice system is obliged to prioritize a restorative justice approach. So that at every stage of the legal process in the juvenile criminal justice system a diversion policy must be pursued. The diversion policy is a transfer of the resolution of juvenile criminal cases from the criminal justice process to a process outside of criminal justice, so that restorative justice is achieved.

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