GUGURNYA PENUNTUTAN PIDANA SEHUBUNGAN DENGAN PENERAPAN DIVERSI DALAM PENYELESAIAN PERKARA ANAK

RAMADHAN, RICKY and Nashriana, Nashriana and Achmad, Ruben (2019) GUGURNYA PENUNTUTAN PIDANA SEHUBUNGAN DENGAN PENERAPAN DIVERSI DALAM PENYELESAIAN PERKARA ANAK. Undergraduate thesis, Sriwijaya University.

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Abstract

Outside the Criminal Code, the abort of criminal prosecution applies to children who are faced with the law, implemented through diversion based on the principle of restorative justice, through settlement outside the court. The problem formulation of this research relates to the application, constraints, and criminal law policies of the principle of restorative justice through diversion in the settlement of child crime cases. This research is an empirical study, with types and sources of data from primary and secondary data. Technique for collecting data through library and field studies, with deductive conclusions techniques. The results of this study are that the North Lampung District Attorney has applied the principle of restorative justice through diversion as stipulated in Article 5 and Article 7 of Act Number 11 of 2012 concerning the Child Criminal Justice System and General Attorney Regulation Number : Perja-006/A/JA/04/2015 concerning Guidelines for Implementing Diversion at the Prosecution Level. The implementation starts from the appointment of the Public Prosecutor, deliberation /agreement on diversion, the determination of the Court, and the issuance of the Decision Letter for the Termination of Prosecution. The obstacles to the application of the principle of restorative justice through diversion at North Lampung District Attorney are : the lack of quality/quantity of Child Prosecutors as facilitators; sending case files from the Investigator to the Prosecutor's Office too close to the expiration of the detention period; the reluctance of parties to forgive and attend the diversion process; and the child does not carry out or does not fully implement the results of the diversion agreement. Criminal law policies in the application of restorative justice through future diversion are : the existence of guidelines for implementing diversion at the Police level (for example Perkap); and the existence of legal products at the Judicial level (for example Perma), which stipulate the revocation of the previous diversion agreement, so that the Prosecutor can also implement the policy of transferring cases to the Court as if the diversion agreement failed to be reached at the Attorney level.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: The Abort of Criminal Prosecution, Restorative Justice Principle, Diversion, Child Crime.
Subjects: K Law > K Law (General)
K Law > KD England and Wales
K Law > KZ Law of Nations
Divisions: Faculty of Law > 74201-Law (S1)
Depositing User: Mrs Zahratun Fadhilah
Date Deposited: 12 Jul 2019 06:16
Last Modified: 19 Jul 2019 04:21
URI: http://repository.unsri.ac.id/id/eprint/198

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