CD Tesis

Penyelesaian Perkara Pidana Anak Dengan Cara Ganti Rugi Oleh Pelaku Di Kejaksaan Negeri Wilayah Propinsi Riau

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For child perpetrators whose cases have already been submitted for
legal processing, diversion is a way to provide justice. Diversion is carried out as
an effort to prevent children from becoming adult criminals. The interesting thing
in this research is the resolution of child criminal cases by means of
compensation by the perpetrator at the Riau Province Regional Prosecutor's
Office. The first problem formulation is what is the process of resolving child
criminal cases by means of compensation by the perpetrator at the Riau Province
District Prosecutor's Office since the enactment of the Regulation of the Attorney
General of the Republic of Indonesia Number: Per-006/A/J.A/04/2015 concerning
Guidelines for the Implementation of Diversion at the Prosecution Level,
secondly, how are the problems in the process of implementing diversion related
to the failure of diversion? This thesis research uses sociological legal research
methods where the author determines the research area in the Riau Province
Prosecutor's Office, namely the Indragiri Hilir District Prosecutor's Office, the
Indragiri Hulu District Prosecutor's Office and the Pelalawan District
Prosecutor's Office. The results of the research show that the resolution of
juvenile criminal cases by means of compensation by the perpetrator at the
Indragiri Hilir District Prosecutor's Office and the Pelalawan District
Prosecutor's Office has deviated from the rules as stated in Law Number 11 of
2012 concerning the Juvenile Criminal Justice System, namely Article 6 letter d,
Article 7 paragraph (1) and Article 8 paragraph (1) because it does not involve
the community in diversion deliberations, in the case sample from the Indragiri
Hilir District Prosecutor's Office no diversion deliberation was held at all
because it stopped at diversion efforts, in the case sample from the Pelalawan
District Prosecutor's Office it did not involve elements of the community in
diversion deliberation. However, in a sample of cases from the Indragiri Hulu
District Prosecutor's Office, elements of the community were involved in diversion
deliberations. The settlement of the case also contradicts CHAPTER III number 3
letters a and b Attachment to the Regulation of the Attorney General of the
Republic of Indonesia Number: PER-006/A/J.A/04/2015 concerning Guidelines
for Implementing Diversion at the Prosecution Level, namely in case samples
from the Pelalawan District Prosecutor's Office due to the diversion process
carried out before the process of handing over the child and evidence. The
practice of resolving juvenile criminal cases by means of compensation is
contrary to progressive law and restorative justice because it does not carry out
diversion properly, resulting in the diversion process not running as it should and
resulting in failed diversion. The resolution of 3 sample cases has the potential to
be reconciled with terms of compensation, even though diversion efforts and/or
diversion deliberations at the prosecutor's level have failed and the terms of peace
have not been discussed. Because before the diversion process was carried out at
the prosecutor's stage, it was known that the parties, namely the child perpetrator
and the victim, were willing to reconcile as long as there was compensation.
Keywords: Child Crime; Diversion ; Attorney;

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2010241772

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2010241772

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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