Analisis Proses Pelaksanaan Kesepakatan Diversi Di Kepolisian Resor Siak

Marlini, Relita (2020) Analisis Proses Pelaksanaan Kesepakatan Diversi Di Kepolisian Resor Siak. Other thesis, Universitas Islam Riau.

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Abstract

Child protection in Indonesia means protecting human resources and developing a complete Indonesian human being, towards a just and prosperous society, spiritual material based on Pancasila and the 1945 Constitution. Diversification in Article 1 number 7 of Law Number 11 of 2012 concerning the Judicial System Children are the process of resolving cases of children dealing with the law, from criminal justice processes to processes outside of criminal justice, with deliberations involving children, children's parents, social counselors, to avoid children from deprivation of liberty intended to keep children away from the criminal justice process. In the case of BAPAS supervision, it has an important role and function in carrying out community research that is used as consideration by investigators in the diversion process at the police level, as well as when the diversion process is at the court level. This research by the author establishes the main problem, namely, how the implementation of the diversion agreement at the investigation stage in the Siak Resort Police, and what are the obstacles in the implementation of the diversion agreement at the investigation stage at the Siak Resort Police. The research method used in this research is descriptive observational research with a data collection tool that is an interview. The reason the authors took this research method in order to be able to assess the effectiveness of the implementation process of the provision of diversion at the investigation stage in the Siak District Police in accordance with the rules in the Law on the Juvenile Justice System. The results of this study indicate the implementation mechanism through non-litigation through deliberation to find an agreement, which involves the perpetrators, victims, families of the perpetrators and victims, community counselors and client counseling for children in the Penitentiary, and the field of women and children empowerment in Siak Regency Social Service . Diversion will only be carried out if the threat of imprisonment is under 7 (seven) years and is not a repeat of the crime. The obstacles in implementing the diversion agreement are the lack of public awareness of the law, especially in the case of diversion, the victim or the victim's family does not forgive the wrongdoer, the lack of facilities and infrastructure to support diversion and there is no BAPAS in the District and a brief child detention so that if the hearing is conducted it will not be effective because the trial requires quite a long time.

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