Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia

Research Article

Misconception on the Implementation of Diversion System Within Child Criminal Justice System in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.5-8-2019.2308617,
        author={Nikmah  Rosidah and Chaidir  Ali},
        title={Misconception on the Implementation of Diversion System Within Child Criminal Justice System in Indonesia},
        proceedings={Proceedings of the 2nd International Conference on Fundamental Rights,  I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={I-COFFEES},
        year={2021},
        month={6},
        keywords={implementation; diversion; ccjs},
        doi={10.4108/eai.5-8-2019.2308617}
    }
    
  • Nikmah Rosidah
    Chaidir Ali
    Year: 2021
    Misconception on the Implementation of Diversion System Within Child Criminal Justice System in Indonesia
    I-COFFEES
    EAI
    DOI: 10.4108/eai.5-8-2019.2308617
Nikmah Rosidah1,*, Chaidir Ali1
  • 1: Faculty of Law University of Lampung, Indonesia
*Contact email: nikmahrosidah@yahoo.com

Abstract

. Based on Article 7 of Law Number 11 of 2012 concerning Child Criminal Justice System (CCJS Law) which stipulates that at the level of investigation, prosecution and examination of children's cases in the district court must be pursued for diversion and the crime that is punishable by imprisonment under seven years and not a residiv crime. Diversion itself is intended to ensure that child crime cases can be settled out of court. However, in practice of diversion often cannot work well since the stakeholder relating to such issue also legal enforcer didn’t understand the essence of the diversion. Using the juridic-normative research method with case study approach, this study found that the application of the diversion often recognized to be similar as giving compensation to the victim of child crime, though those conception are greatly different to each other. Thus, it can be concluded the urge of knowledge improvement about the diversion and the need for public education through legal counseling to understand the intention of the diversion itself. Ultimately, the diversion is expected to be optimally applied.