LEGAL PROTECTION AGAINST CRIME OF CHILD ACTORS THROUGH DIVERSION IN THE CHILDREN CRIMINAL JUSTICE SYSTEM IN INDONESIA
Journal: Academic Research International (Vol.5, No. 1)Publication Date: 2014-01-15
Authors : I Made Sepud;
Page : 308-316
Keywords : Legal Protection; Child Actors Crime; Diversion; Children Criminal Justice System;
Abstract
Research on legal protection of child offenders through diversion in the juvenile justice system in Indonesia conducted using the normative legal research discusses three issues, namely: 1) How is Legal Protection Crime Against Child Actors Through Diversion in Children Criminal Justice System in Indonesia; 2) How is Diversion Application to Provide Legal Protection Insurance Against Children in Conflict with the Law in Indonesian Children Criminal Justice System; 3) How is the Accurate Diversion Right Applied against Children in Conflict with the Law in Indonesian Children Criminal Justice System in the Future. Based on the analysis of the study of the three issues raised, it was found that the first, the protection of the law against criminals of children in conflict with the law through diversion is by applying the juvenile justice system in Indonesia, which is formulated in the children materiel legal system, in the children formal legal system and in the law sanctions implementation of juvenile justice system. Second, diversion application to provide legal protection to children in conflict with the law in the juvenile justice system in Indonesia is a real benefit as: avoiding stigma on children, peace of perpetrators and victims, reduce the case goes to trial so it will reduce the burden on the state in the administration of criminal justice system. Third, accurate diversion applied to children in conflict with the law in the juvenile justice system in Indonesia in the future are: peace among children in conflict with the law of the victim as well as the provision of compensation to victims and children in conflict with the law, they are returned to be educated by their parents. Other diversion models, namely: children in conflict with the law of join the education or training to educational institutions or social organizations organized by the government, the state, as well as by social institutions and the observer of child protection.
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