Chicillia, Yolanda (2023) Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Lalu Lintas yang Menyebabkan Korban Meninggal Dunia. Other thesis, Universitas Islam Riau.

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Abstract

One of the rights of children who become perpetrators of traffic crimes is to get a diversion. Diversion is the transfer of settlement of child cases from the criminal justice process to processes outside the criminal court. Diversion is applied to children who are 12 years old but not yet 18 years old and not a repetition of the crime. The Police as investigators is given the authority to carry out diversion due to the position of the Police as the first law enforcement agency and directly in contact with the community. Traffic crimes committed by children that caused the victim to die in the jurisdiction of the Pekanbaru Police in the last 3 years 1 cases caused the victim to die and were resolved by the diversion process. The problems to be discussed in this study are how to apply diversion to children who commit traffic crimes that cause victims to die at the Pekanbaru City Police and what the obstacles encountered in implementing diversion to children who commit traffic crimes that cause victims to die. This type of research is empirical legal research or sociological legal research. As well as the nature of this research is descriptive analysis, while the tools to collect data in this research are through interviews, and literature studies. From the results of the research that the author obtained, the application of diversion to traffic crimes that caused the victim to die at the Pekanbaru Police was by Law Number 12 of 2012 concerning the Juvenile Criminal Justice System, namely by involving related parties starting from the perpetrator, parents perpetrators, and victims, and criminal law expert, however, the application of diversion at the Pekanbaru Police has not run optimally, because there are many obstacles in implementing diversion against child traffic offenders who cause victims to die including the lack of police personnel in handling child cases which is an obstacle to diversion, the victim's family does not want the suspect to be released, it is difficult to obtain information from both the suspect and the victim/victim's family, low public understanding of diversion, facilities and infrastructure and no agreement on compensation is reached.

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