Penerapan Penjatuhan Sanksi Diversi Sebagai Alternatif Sanksi Pidana Penjara Untuk Anak Pelaku Tindak Pidana

Abstract

The juvenile justice system for children in conflict with the law still takes into account the best interests of both the child without taking away the child's human rights and the child does not get negative stigmatization from the judicial process. The purpose of this study is to identify and analyze law enforcement efforts to diversify and correct understanding is expected to be used as input for law enforcers who handle juvenile cases, so that diversion is an alternative to imprisonment. This research was conducted to find legal principles in the concept of diversion and the concept of punishment, then used as a basis for assessing the requirements for diversion efforts and based on primary and secondary data. Diversion is the best solution for children, as an alternative in imposing criminal sanctions. The Law on the Criminal Justice System for Children requires diversion for every child, it can only be done if the penalty is under 7 years old. Children who are subject to diversion sanctions create responsibility towards other people (victims, victims' families, schools) and are obliged to take risks for their actions.