Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia

Research Article

The Best Interest of the Juvenile in the Diversion Agreement within Juvenile Criminal Justice System

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  • @INPROCEEDINGS{10.4108/eai.3-6-2021.2310828,
        author={Ani Triwati},
        title={The Best Interest of the Juvenile in the Diversion Agreement within Juvenile Criminal Justice System},
        proceedings={Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia},
        publisher={EAI},
        proceedings_a={ICEHHA},
        year={2021},
        month={8},
        keywords={juvenile; the best interest; agreement; diversion},
        doi={10.4108/eai.3-6-2021.2310828}
    }
    
  • Ani Triwati
    Year: 2021
    The Best Interest of the Juvenile in the Diversion Agreement within Juvenile Criminal Justice System
    ICEHHA
    EAI
    DOI: 10.4108/eai.3-6-2021.2310828
Ani Triwati1,*
  • 1: Faculty of Law, University of Semarang, Indonesia
*Contact email: anitriwati@gmail.com

Abstract

Restorative justice and diversion in the Juvenile Criminal Justice System are the state’s policy which providing protection for juvenile conflicting with the law. Diversion using restorative justice approach is expected for resolving juvenile's cases by focusing on recovery rather than retaliation, thus preventing juvenile from processing in the criminal justice system. A diversion agreement is an approval to accomplish a case by taking into account the needs of the parties. The juvenile and / or his family strive to fulfill the diversion agreement for avoiding the criminal justice process, so that this is need investigation in order the diversion agreement is carried out with consideration of juvenile’s best interests. The diversion process is implemented with forgiveness, awareness, and compensation for the victim by paying attention towards the juvenile 's ability. The failure of both diversion and its agreement implementation, resulted in the continuing criminal justice process. The legal action of juvenile in the criminal justice system creates stigmatization for juvenile. Therefore, the diversion agreement should consider the best interest for juvenile, without giving a separate burden, for achieving the goal of diversion.