Jurnal Pustaka Cendekia Pendidikan
Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Pendidikan, Volume 3 Nomor 1, Mei - Agustus 2025

Efektivitas Diversi Berdasarkan UU SPPA: Analisis Yuridis dan Perspektif Keadilan Restoratif di Indonesia

Muhammad Faizin (Unknown)
Fahmi (Unknown)
Rudi Pardede (Unknown)



Article Info

Publish Date
22 May 2025

Abstract

Diversion is a mechanism for resolving juvenile cases outside the formal judicial process, as regulated in Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA). The primary objective of diversion is to protect children from the negative impacts of the criminal justice system and provide rehabilitation opportunities within the framework of restorative justice. However, its effectiveness remains debatable due to limited understanding among law enforcement officers, inadequate rehabilitation facilities, and societal resistance toward this approach. This study employs a normative juridical method using a statutory approach and case studies of court decisions on diversion. The findings reveal that despite its implementation, diversion has not been optimally executed due to legal interpretation inconsistencies, lack of rehabilitation infrastructure, and minimal victim involvement in case resolution. Therefore, policy reforms are necessary, including capacity-building for law enforcement, strengthening rehabilitation facilities, and optimizing victim and community participation in the diversion process. These measures aim to enhance diversion as a more effective restorative justice instrument within Indonesia's juvenile criminal justice system.

Copyrights © 2025






Journal Info

Abbrev

jpcp

Publisher

Subject

Education Mathematics Other

Description

Jurnal Pustaka Cendekia Pendidikan is aims to facilitate and promote the inquiry into and disseminations of research results on primary education, secondary education, higher education, teacher education, special education, adult education, non-formal education, and any new development and ...