Zalukhu, Siti Nurhayati (2025) Penerapan Diversi Terhadap Tindak Pidana Pencurian yang Dilakukan oleh Anak Pada Tahap Penyidikan Di Wilayah Hukum Polres Pelalawan. Other thesis, Universitas Islam Riau.

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Abstract

This study aims to determine and analyze the application of diversion to theft crimes committed by children during the investigation stage within the jurisdiction of the Pelalawan Police and to identify factors inhibiting its implementation. The background of this study is based on the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law), which requires diversion efforts at every stage of the examination of juvenile cases, including the investigation stage, with the aim of protecting the best interests of the child and prioritizing peaceful resolution through the principles of restorative justice. The research questions are as follows: First, "How is diversion implemented in theft crimes committed by children within the jurisdiction of the Pelalawan Police?" Second, "What are the factors inhibiting the application of diversion in theft crimes committed by children within the jurisdiction of the Pelalawan Police?" The research method used is empirical legal research with a qualitative approach. Primary data was obtained through interviews with investigators from the Women and Children's Empowerment Unit of the Pelalawan Police Criminal Investigation Unit, parents of the perpetrators and victims, and community leaders. Secondary data was obtained from relevant laws and regulations, literature, and official documents. The data were analyzed descriptively and qualitatively to describe the process and obstacles to implementing diversion in the field. The results indicate that the implementation of diversion during the investigation phase at the Pelalawan Police Department has been carried out in accordance with the procedures stipulated in the Juvenile Justice and Child Protection Law (UU SPPA), particularly Article 7, which stipulates mandatory diversion. However, the success of diversion is greatly influenced by the victim's willingness to forgive and reach a peaceful agreement. In theft cases, victims often refuse diversion, citing material losses, a sense of insecurity, and a desire to deter the perpetrator. Other inhibiting factors include a lack of public understanding of the benefits of diversion, limited mediation facilities at the police level, and a limited number of investigators with specialized skills in handling juvenile cases. Furthermore, social influences and pressure from the victim's family often hinder reaching a diversion agreement.

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