Penerapan Asas Restoratif Justice Pada Tahap Penyidikan Dalam Perkara Anak Di Wilayah Hukum Polres Indragiri Hilir

Arditho, Conforti (2021) Penerapan Asas Restoratif Justice Pada Tahap Penyidikan Dalam Perkara Anak Di Wilayah Hukum Polres Indragiri Hilir. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The application of the principle of restorative justice at the stage of investigation in children's cases because at this time, the cases of children in conflict with the law are increasing from year to year which causes children have to face the law. So it is feared that if the criminal rate of children increases, it will result in a shortage of the nation's next generation and to prevent the emergence of new crimes committed by children because it is feared that children will commit even greater crimes and must immediately comply with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. As for the Research problem in this research are how to apply the principle of restorative justice at the investigation stage in the jurisdiction of the Indragiri downstream police and what are the obstacles from the application of the principle of restorative justice in the jurisdiction of the Indragiri Hilir Police. Based on the statement above, the researcher chose a sociological juridical research method by means of the type of sociological juridical research and can be called as field research. namely reviewing the applicable legal provisions as well as what is happening on the ground and what is happening in reality in society. In other words, it is a research carried out on the actual situation or real conditions that occur in society with the aim of knowing and finding the facts and data needed, after the required data is collected then it leads to problem identification and in the end it leads to a solution for the problem. According to the results of direct interviews conducted by researchers in the application of diversion, each child is in conflict with the law. However, the head of investigating women and children added that in the application of diversion, diversion efforts were not always carried out because there was Article 7 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. As for the obstacle to the application of diversion rather than research, it is true that there are gaps or obstacles in the effort to apply diversion at the investigation stage at the downstream Indragiri Police. Those evidence are from the identity and psychological factors of children, the lack of knowledge from the community about the meaning and concept of diversion, the lack of personnel or female and child investigators in handling cases of children in conflict with the law, lack of facilities in the form of rooms to carry out investigations and detention rooms for children in conflict with the law, and the distance that is quite far from the victim's or the perpetrator's house to the Indragiri Hilir Police.

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