Ta'zir: Jurnal Hukum Pidana
Vol 9 No 2 (2025): Ta'zir: Jurnal Hukum Pidana

JUVENILE JUSTICE: ALTERNATIVE COMMUNITY SERVICE WHEN DIVERSION IS NOT ACHIEVED

Fajriyah, Aida Ihsaniati (Unknown)
Airlangga, Rendy (Unknown)



Article Info

Publish Date
31 Dec 2025

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  

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Journal Info

Abbrev

tazir

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Journal of Ta zir criminal law publishes issues of study and practice of law in Indonesia covering several topics related to Islamic Criminal Law criminal law and special criminal ...