Setiaji, Ahmad Habib (2023) Pelaksanaan Diversi Terhadap Anak Di Wilayah Polsek Tampan Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Children who are suspected of committing a crime and who are not yet 12 years old are considered to be in conflict with the law. The juvenile justice process uses a special approach that aims to avoid negative impacts during the legal process. The approach is called restorative justice which is also a process of diversion. Its implementation is the authority of law enforcement officials to take action and resolve cases of children in conflict with the law to avoid consequences. The writing that the researcher wrote entitled "Implementation of Diversion Against Children in the Handsome Pekanbaru Police Area" This study aims to find out how the implementation of diversion towards children in the Tampan Pekanbaru Police area and find out how the obstacles to implementing diversion against children in the Pekanbaru Police area The research method used is a type of sociological research (observation) which is seen from its analytical descriptive 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 subject matter to be discussed. Analysis of the data obtained in a qualitative descriptive way, which later the researcher associates with theory and also laws and regulations that are in accordance with the research problem formulation. From the results of the research on the process of implementing diversion carried out by the Handsome Polsek of Pekanbaru City, this is in accordance with the diversion procedure which refers to Government Regulation of the Republic of Indonesia No. 65 of 2015. The steps taken are: First, when receiving a report/complaint or being known by the investigator himself of a criminal act, the investigator gets an investigation warrant, then the investigator makes a notification letter to the Prosecutor's Office. Second, investigators employ community counselors and professional social workers to carry out social reports on witnesses and victims. Third, when the investigator receives the results of social research and the results of social reports, the investigator conducts deliberations with the parties. Fourth, if the deliberations get an agreement, then the results of the agreement will be carried out and if it is not successful, the Investigator will transfer the case to the Child Prosecutor. Several obstacles were encountered while carrying out the diversion process: first, it was difficult to provide understanding to the victim or the victim's parents who did not accept this settlement, which was resolved by diversion. Second, the constraints on the victim's request for excessive compensation by the reported party and the reported party were also unable to fulfill it because the reported family was a person who could not afford it.

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