Tinjauan Pelaksanaan Diversi Terhadap Anak Dibawah Umur Yang Melakukan Tindak Pidana Percobaan Pencurian Di Wilayah Hukum Pengadilan Negri Bangkinang

Waruwu, Batnesia Eka Ristin (2022) Tinjauan Pelaksanaan Diversi Terhadap Anak Dibawah Umur Yang Melakukan Tindak Pidana Percobaan Pencurian Di Wilayah Hukum Pengadilan Negri Bangkinang. Other thesis, Universitas Islam Riau.

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Abstract

In a criminal case where children are the main perpetrators of criminal acts, Indonesia has a special law that regulates how to resolve cases of crimes committed by children. The existence of special rules regulated by Indonesia is a manifestation of the existence of legal protection for children which must be distinguished from crimes committed by adults/legally competent. One of the rights of children who are perpetrators of the crime of theft is to get diversion. Diversion is the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. Diversion is applied to children who are 12 years old but not yet 18 years old or have been 12 years old even though they have been married but are not yet 18 years old, are threatened with imprisonment for under 7 years and are not a repetition of criminal acts. Diversion and restorative justice have been regulated in law. Law Number 11 of 2012 concerning the juvenile justice system that prioritizes peace over the formal legal process. The main problem of this research is how the implementation of diversion against minors who commit the crime of attempted theft in the jurisdiction of the Bangkinang District Court. And what are the obstacles in the implementation of diversion against minors who commit the crime of attempted theft in the jurisdiction of the Bangkinang District Court. Methods The research conducted in this study is a sociological legal research by conducting direct interviews. The nature of the research is descriptive, that is, it describes in detail which intends to provide a complete picture and description of the implementation of diversion against minors who commit a criminal act of attempted theft in the jurisdiction of the Bangkinang District Court. The results of the research that the authors get are that the case of children as perpetrators of the crime of theft in the jurisdiction of the Bangkinang State Court has increased and the settlement of diversion is always carried out in accordance with the provisions of the laws and regulations that have been set. The main factors for children to commit criminal acts are internal factors (education, parenting patterns of both parents, caring for family members) External factors (economics, wrong environment, promiscuity) as well as other state officials such as investigators also hope that parents are also more wise in educating children because of the occurrence of harmful behavior of children to cause criminal acts because of errors in the pattern of education and the known environment. However, in the implementation of diversion in the jurisdiction of the Bangkinang State Court for children's cases, not all of them have succeeded through diversion. Due to the obstacle factors that make the implementation of diversion not work, namely factors from the families of victims who are often encountered who do not want to make peace with the perpetrators. There are also factors from the community who still think that settlement through diversion is unfair and does not provide a deterrent effect to child offenders. However, the Bangkinang District Court always strives for the diversion process in the settlement of children's cases and the efforts that can be made are more to provide an understanding to the victim's family and the perpetrator's family that the settlement through diversion remains in accordance with the rule of law and continues provide to punishment according to the deed. and certainly still get a deterrent effect

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