Research Article
Reconstruction of Diversion in the Juvenile Justice System in Indonesia (Constructivism Paradigmatic Study: Guba dan Lincoln)
@INPROCEEDINGS{10.4108/eai.8-6-2021.2314384, author={Rasdi Rasdi}, title={Reconstruction of Diversion in the Juvenile Justice System in Indonesia (Constructivism Paradigmatic Study: Guba dan Lincoln)}, proceedings={Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICILS}, year={2022}, month={2}, keywords={reconstruction; diversion; justice; juvenile}, doi={10.4108/eai.8-6-2021.2314384} }- Rasdi Rasdi
Year: 2022
Reconstruction of Diversion in the Juvenile Justice System in Indonesia (Constructivism Paradigmatic Study: Guba dan Lincoln)
ICILS
EAI
DOI: 10.4108/eai.8-6-2021.2314384
Abstract
Juvenile dilinquency who commit criminal acts from time to time tends to increase. Children who commit crimes must receive protection for their rights. The guarantee on the rights of children is intended to prevent children from the negative stigma of criminal justice process through diversion. This paper aims to examine the importance of the reconstruction of diversion in juvenile justice, according to the perspective of the constructivism paradigm of Guba and Lincoln. Data from the study on Law No. 11 of 2012 on the Juvenile Criminal Justice System, indicates that the diversion arrangement in the law has not been able to secure the protection of the rights of children who are perpetrators of crimes. Based on the results of the study, it can be emphasized the need to proximately reconstruct the provisions regarding diversion, in order to ensure the materialization of best interests and welfare of the children as perpetrators of crime