Analisis Terhadap Penerapan Keadilan Restorative Melalui Sistem Diversi Dalam Menangani Tindak Pidana Pencurian Yang Di Lakukan Oleh Anak Di Polresta Pekanbaru

Saputra, Rizki Aditia (2020) Analisis Terhadap Penerapan Keadilan Restorative Melalui Sistem Diversi Dalam Menangani Tindak Pidana Pencurian Yang Di Lakukan Oleh Anak Di Polresta Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Law Number 11 Year 2012 concerning the juvenile criminal justice system clearly and clearly states that at the stage of the process the level of the criminal justice system that is specifically for children, starting from the investigation, prosecution and examination of cases in the court must be undertaken with diversification efforts that have been fulfilled for its implementation. the requirement in undertaking Diversity efforts is a criminal offense whose sentence is under seven years imprisonment, is not a repeat offense (Residivis), and the age limit of children in an attempt to do so Diversi based on Article 1 number 2 of Law No. 11 of 2012 is, a child who is 12 years old, but not yet 18 years old is suspected of committing a crime. In the process, whether the law intended in the implementation of the diversion process is in accordance with the application of Restorative justice and the articles governing the diversion system in the juvenile justice system law, the Pekanbaru City Police consider the importance of implementing diversion in resolving cases criminal acts of theft committed by children so that children do not get trauma and pressure from criminal legal processes that apply to general, and avoid mental damage to children. The problems that the author examines are, 1) How is the application of Restorative justice through a diversion system in handling theft of crimes committed by children in the Pekanbaru police district, how are the obstacles in the application of Restorative justice through a diversion system in handling criminal acts of theft with weighting carried out by children in Pekanbaru Police And when viewed from this type of research, the type of research that the author does is included in the Observational research by survey which is research carried out in the field to get a number of answers to the problems faced, using data collection tools in the form of interviews. While seen from its nature, this research is descriptive in nature, that is, research that provides a clear and detailed description of the application process and the obstacles of the Pekanbaru City Police in carrying out the implementation of the justice process. Based on the results of the discussion explaining the diversion in legislation in Indonesia is regulated in Law No. 11 of 2012 concerning the Juvenile Justice System, is a guideline that is required for every law enforcement in carrying out processes for children. There are obstacles such as lack of human resources, limited financial resources and a very broad scope for BAPAS, lack of public knowledge about the implementation of diversion, and many people see if a child is caught in a mandatory crime in law. The effort that must be done is to build cooperation between the law enforcement agencies, both the police and Bapas as well as the figures involved in the diversion process to help each other so that the diversion process can have a positive impact, and open the mindset of the people from retributive justice to restorative justice.

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