IMPLEMENTASI DIVERSI DALAM MENYELESAIKAN TINDAK PIDANA ANAK DI TINGKAT KEJAKSAAN NEGERI SIBOLGA

Abstract

Children are gifts or entrusted by God to every parent who is part of the young
generation of the nation's successors who must be protected. The effort to protect
children facing the law is through a legal restorative approach carried out by
means of diversion. Diversion is the transfer of child case processes from criminal
justice processes to processes outside the criminal court. At the level of
investigation, prosecution and examination of child cases in the district court,
diversion must be sought, this is stated in article 7 paragraph (1) of the Child
Criminal Justice System Act. The purpose of writing this thesis, namely: First, To
find out the implementation of diversion in the Sibolga District Prosecutor's
Office. Second, to find out the inhibiting factors for the implementation of
diversion in the Sibolga District Prosecutor's Office. Third, Untik knows the
efforts of the Prosecutor's Office to overcome the inhibiting factors for the
implementation of diversion in the Sibolga District Prosecutor's Office.
This type of research can be classified in this type of sociological juridical
research, because this research author directly conduct research on the locations
or places studied in order to give a complete and clear picture of the issues
examined. This research was conducted at the Sibolga District Prosecutor's
Office, whereas the sample population is a whole party with regard to the issues
examined in this study, the data source used, primary data, secondary data and
data tertiary, technical data collectors in this study with interviews and literature
study.
From the results of research and discussion it can be concluded that,
First, the implementation of diversion in resolving child crime at the Sibolga
District Attorney level has not been maximized. Second, the inhibiting factors of
diversion efforts at the Sibolga District Prosecutor's Office are the lack of the
number of public prosecutors, the paradigm of the public prosecutor, the lack of
cooperation between institutions and the parties, and the work area of the Sibolga
District Attorney consisting of 2 (two) jurisdiction . Third, the public prosecutor's
efforts in overcoming the inhibiting factors are by increasing the number of child
prosecutors, conducting training and education on diversion and seeking good
cooperation between institutions.
Keywords: Implementation – Diversion - Child