Penerapan Diversi Terhadap Tindak Pidana Pencurian Yang Dilakukan Anak Pada Tahap Penyidikan Di Kepolisian Resor Kota Pekanbaru

Nofrian, Teguh (2021) Penerapan Diversi Terhadap Tindak Pidana Pencurian Yang Dilakukan Anak Pada Tahap Penyidikan Di Kepolisian Resor Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

One of the rights of children who are perpetrators of criminal acts of theft is to get diversion. Diversion is the transfer of settlement of juvenile cases from criminal justice processes to non-criminal justice processes. Diversion is applied to children who are 12 years old but not 18 years old or 12 years old even though they have been married but are not yet 18 years old, are punishable by imprisonment under 7 years and do not constitute a repetition of a criminal act. The police as investigators are given the authority to carry out diversion because the position of the police is as the first law enforcement agency and it directly intersects with the community. There have been 8 cases of theft committed by children in the jurisdiction of the Pekanbaru Police in the last 3 years and only 1 case of a child committing a criminal act of theft has been completed through a diversion process and the rest must fail. The issues that will be discussed in this study are how to apply diversion to criminal acts of theft committed by children during the investigation stage at the Pekanbaru City Police and what obstacles are faced by investigators of the Pekanbaru City Police in applying diversion to criminal acts of theft committed by children. This type of research is sociological legal research, namely research by means of a survey to obtain primary and secondary data. The nature of this research is descriptive, namely research conducted by describing the application of diversion at the investigation stage and the obstacles faced by the Pekanbaru Police. The technique of collecting data was by conducting interviews with several respondents, namely: Head of Criminal Investigation Unit, Head of PPA Unit, PPA Investigators, Kasubsi of the Correctional Hall Class II, and children of the perpetrators of theft. From the research results that the authors get, The application of diversion to criminal acts of theft committed by children by investigators of the Pekanbaru Police is in accordance with Law Number 11 of 12 concerning the Criminal Justice System for Children, namely by involving related parties ranging from victims, perpetrators, parents of victims and perpetrators, Professional Social Workers Until the Correctional Center, however, the diversion application at the Pekanbaru Police has not run optimally. In the last three years, only one case of criminal theft committed by children has been completed through the diversion process. As for the obstacles for the Pekanbaru Police in implementing diversion are the lack of trained Police personnel in handling child cases, the victims do not want to forgive the perpetrators, the low understanding of the community about diversion, the lack of time given to implement diversions, facilities and infrastructure.

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