CD Tesis
Pembaruan Hukum Pidana Melalui Proses Diversi Dalam Sistem Peradilan Pidana Anak Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak
Diversi is the transfer of the settlement of a Child case from a criminal justice process to a process outside of criminal justice. The diversion process is based on the fact that the criminal justice process of child offenders through the criminal justice system. The imposition of criminal offenses for children is a last resort where in every case law enforcers such as Police, Prosecutors, Judges are required to promote diversion.
The main problem in this study is how is the form of criminal law reform through a diversion process in the juvenile criminal justice system based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and what are the implications of the application of diversion on the purpose of prosecution in the juvenile criminal justice system.
The research method used is in this study, the author uses normative legal research namely library research research (Library Research), which is a method of data collection by studying books, legislation, and the writings related to this research. The nature of the research, this research is analytical descriptive, which provides a clear and detailed description of the occurrence of the Criminal Law Update through the Diversion Process in the Child Criminal Justice System Based on Law Number 11 of 2012 concerning the Criminal Justice System of Children.
From the results of the study it can be concluded, criminal law reform through the diversion process in the Child Criminal Justice System based on Law Number 11 of 2012 concerning the Criminal Justice System of the Child is among others (Institute for Criminal Justice Reform (ICJR). Secondly, there are no rules that bind law enforcement officers Overall, Thirdly, the Law on Child Criminal Justice System can be applied for a long time and the implications of applying diversion to the purpose of prosecution in the Child Criminal Justice System, namely formal criminal law (procedural law) , concerning the proceedings in the juvenile criminal justice.With the renewal of the regulation on diversion which is a judicial process outside the formal justice, the formalization policy relates to the authority of law enforcers in the process of investigation, prosecution process, the court proceedings in conducting diversions need to be included in m reform of formal criminal law in general. Then the implications of diversion arrangements also affect the renewal of the criminal law enforcement system for children. Here, it is necessary to update coaching programs in relation to the diversion program, so that every criminal decision handed down by a judge against a child in conflict with the law does not have to be fostered and served in a penal institution.
Keywords : Diversion, Child, Criminal Justice System
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