Indrawan, Ade (2023) Analisis Yuridis Pelaksanaan Diversi Dalam Proses Persidangan Terhadap Anak Pelaku Tindak Pidana Dalam Perspektif Restorative Justice. Masters thesis, Universitas Islam Riau.

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Abstract

Restorative justice is carried out to restore things to the way they were before by involving victims, perpetrators, and the community in finding solutions that prioritize repair, reconciliation, and protection again. This concept is considered to provide benefits to children in conflict with the law because it can properly place the perpetrators in the judicial process. Thus based on a restorative justice approach, diversion is the main form of solving the problem of children in conflict with the law. Based on this phenomenon, this study has two objectives, namely: To examine and analyze the application of restorative justice based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System in the District Court for juvenile criminal cases. Reviewing and analyzing the obstacles faced by law enforcers in applying diversion to child perpetrators of criminal acts in the perspective of restorative justice in the District Court. This study uses a normative juridical research method, which is a study by studying the Juridical Implementation of Diversion in the Trial Process Against Child Offenders in a Restorative Justice Perspective. Based on its nature, the research is analytical descriptive in nature, namely providing the data examined regarding the problems that the author raises in order to strengthen existing theories. The results of the study, the application of restorative justice based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System in District Courts for juvenile criminal cases is carried out from the level of investigation, investigation, prosecution, examination at court hearings to the implementation of the court decision and during the judicial process , then the rights of the child must be protected by applicable law and therefore must be carried out consistently by the parties involved in solving the problem of the naughty child. It aims to achieve peace between victims and children, resolve child cases outside the judicial process, prevent children from being deprived of independence, but in practice not all juvenile criminal cases can be diverted. Obstacles, there are differences in the views of law enforcers, knowledge and understanding of law against article 7 UUSPPA which are different between law enforcers, causing different handling. And the less than optimal use of PERMA Number 4 of 2014 by judges so that cases of children that should have been diversion efforts were not carried out.

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