Pelaksanaan Diversi dalam Penyelesaian Tindak Pidana Pencurian Oleh Anak di Kepolisian Sektor Benai Kuantan Singingi

Nurjannah, Nurjannah and Rinaldi, Kasmanto and Susanti, Heni (2023) Pelaksanaan Diversi dalam Penyelesaian Tindak Pidana Pencurian Oleh Anak di Kepolisian Sektor Benai Kuantan Singingi. Masters thesis, Universitas Islam Riau.

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Abstract

One of the rights of children who become perpetrators of criminal acts of theft is to get diversion. Diversion is the settlement of child 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, threatened with imprisonment under 7 years and is not a repetition of a crime. The writing that the researcher wrote was entitled: "Implementation of diversion in solving the crime of theft committed by children in the Kuantan Singingi benai police sector" research that aims to be able to find out how the implementation of Diversion in Settlement of Theft Crimes Committed by Children in the benai sector police and what are the factors Obstacles to the Implementation of Diversion in solving the crime of theft committed by children in the benai sector police. The research method used is a type of sociological research (observation) which is seen from its descriptive-analytic nature in which the data uses primary data as the main data, namely going directly to the respondents to conduct interviews and using secondary data as data to support the main issues to be discussed. Analysis of the data used in a qualitative descriptive way later the researcher will relate it to theory and also laws and regulations in accordance with the subject matter. From the research results, the stages that must be carried out in the process of implementing diversion in the police sector are, investigators receive reports from reporters and then investigators make (BAP), then the investigation submits BAPs to Correctional Centers. After getting BAPs from investigators, then Bapas conducts (Litmas ) in the perpetrator's home environment. Based on the results of the Bapas Litmas, a recommendation letter will be issued from the Bapas, where the recommendation letter can be a recommendation for diversion and a recommendation for not diversion. Furthermore, the investigator as the facilitator will summon the parties to carry out the diversion. Before carrying out diversion, the investigator needs to conduct interviews with the perpetrators to find out and understand the motives of the perpetrators for committing the crime, so that later it will be easier for the investigator as a facilitator in diversion to seek diversion to reach an agreement. Factors inhibiting the implementation of diversion in solving the crime of theft committed by children in the benai sector police are: The second obstacle is the lack of facilities and infrastructure, the third obstacle is the low understanding of society about diversion, and the fourth obstacle is the community paradigm (retributive justice).

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