Penerapan Diversi dalam Sistem Peradilan Pidana Anak Pada Wilayah Hukum Pengadilan Negeri Tubei

There are many children with legal problems conducted minor crimes that
later were imprisoned. In the general description of Law Number 11 of 2012 on
Children Justice System, it is intended to protect and to nurture children against the
law. However, in the implementation, children are positioned as an object and the
treatment toward children against the law tend to harm them. To avoid negative effect
or impact of criminal justice process of children, authority is given to law
enforcement apparatus to take policy action in handling or solving children’s legal
problems by not taking formal way such as by stopping or by not continuing or
escaping from litigation or by restoring or turning over the case to the community and
by doing other forms of social service activities, this action is called diversion. The
aim of this study was to find out the implementation and the obstacle of diversion in
children criminal justice system at the jurisdiction of Tubei Public Court in all level
of investigation, public prosecutor, and at the court. As for the obstacles faced in the
field were inadequate number of judges for children case on court level, and the
limitation of time needed for diversion settlement at the public prosecutor level. On
investigation level the obstacle was in the form of criminal act type which determined
the success of diversion agreement between the perpetrators and the victims.
Keyword: Diversion