International Journal of Humanities Education and Social Sciences
Vol 5 No 6 (2026): IJHESS JUNE 2026

Government supervision of the implementation of diversion In the child criminal justice system: Constitutional law perspective

Dhea Aulia Azzahra (Legal Studies Program, Faculty of Law, Swadaya Gunung Jati University)
Harmono Harmono (Legal Studies Program, Faculty of Law, Swadaya Gunung Jati University)



Article Info

Publish Date
30 Jun 2026

Abstract

The paradigm shift in Indonesia's juvenile criminal justice system from a retributive approach to restorative justice through diversion mechanisms is a constitutional mandate to protect children's fundamental rights. However, in its implementation, diversion is often trapped in administrative formalities and sociological barriers, such as the dominance of compensation agreements that violate the principle of justice for economically disadvantaged groups. This study aims to analyze the regulation of authority and government oversight mechanisms for the implementation of diversion at the investigation, prosecution, and court hearing levels from a Constitutional Law perspective. The research method used is normative juridical with a statutory and conceptual approach. The results show that although Law Number 11 of 2012 (the Juvenile Justice and Juvenile Justice Law) and Government Regulation Number 8 of 2017 have provided a legal basis for hierarchical supervision by direct superiors and functional supervision by the Community Guidance (PK) of Bapas, their effectiveness remains fragmented. This study concludes that strengthening the oversight mechanism should not stop at administrative reporting, but must also address aspects of institutional accountability through synchronization of cross-sectoral regulations and optimization of digital systems such as SPPT-TI. Revitalization of the role of external supervisory institutions is needed to ensure that the discretionary authority of officers remains within the corridor of the best interests of children and the principles of the rule of law that guarantee restorative justice evenly and sustainably.

Copyrights © 2026






Journal Info

Abbrev

ijhess

Publisher

Subject

Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences Other

Description

International Journal Of Humanities Education and Social Sciences (IJHESS) is to provide a research medium and an important reference for the advancement and dissemination of research results that support high-level research in the fields Culture of Education and Social Science Research . Original ...