REFORMULATION OF DIVERSION POLICY OF JUVENILE CRIMINAL JUSTICE SYSTEM AS AN EFFORT TO ACTUALIZE THE JUSTICE VALUE IN INDONESIA

State has a duty to provide children welfare, to give protection, and to fulfill children right including the ones who conflict with law. Diversion policy in juvenile criminal justice system is a renewal of law and one of the forms of legal protection especially for the child in conflict with law, based on consideration of the child's best interest. The special protection against the children in conflict with law is a part of strengthening the human right and put the child not as an object, but as a party must be fostered and protected. Diversion policy aims to reach a peaceful settlement between the victim and the accused, to settle the children case outside a court, and to avoid the children liberty deprivation. Diversion policy is a mean to realize fairness or justice value toward children in conflict with law which the settlement is done by diverting the case from criminal justice system. Reformulation of diversion policy of juvenile criminal justice system is based on the consideration of philosophically, sociologically and juridical. Diversion is implemented in criminal case done by the children and it is not a repetition of criminal case.