EFEKTIVITAS PELAKSANAAN DIVERSI TERHADAP ANAK BERHADAPAN DENGAN HUKUM DI KABUPATEN KUANTAN SINGINGI

Abstract

Not all cases of delinquent children must be resolved through formal judicial
channels, objective and fair law is required to be able to offer alternative ideas that are more
humane and simply do not place penal means as the primum remedium. This conception gives
birth to novelty, and provides an alternative solution using a justice approach in the best
interests of the child and taking into account justice for victims, known as an approach based
on the principles of restorative justice. This concept is believed to be able to fulfill proportional
justice for both parties when in fact the child is the perpetrator. On the other hand, one of the
reasons that other solutions and approaches are needed for children in conflict with the law is
that correctional institutions are full, therefore a diversion policy is needed to overcome this as
an alternative idea. Understanding that keeping children away from the criminal justice
process is important because this is part of efforts to protect children's human rights as stated
in the Convention on the Rights of the Child which provides opportunities for the diversion
process carried out by the Police and Public Prosecutor as well as other officials who have the
authority to keep them away. children from the judicial process. However, the fact is that
diversion does not always produce a deterrent effect for perpetrators, there are still children
who re-commit criminal acts after being given diversion.

This research is sociological legal research. This is based on research which
emphasizes legal aspects (legislation) relating to the main issues to be discussed, linked to
reality on the ground. This research uses primary data sources consisting of primary,
secondary and tertiary legal materials.
From the results of the research and discussions carried out, several conclusions
were obtained, namely: First, the implementation of diversion in Kuantan Singingi Regency
was not optimal and effective. Law enforcers who are not yet ready to carry out statutory
orders, the absence of guidance institutions such as Bapas and the absence of further guidance
for children after giving diversion. Second, the creation of ideal and maximum diversity and
including restorative justice in it, can be achieved through various efforts. Such as providing
outreach, input and understanding to all parties (stakeholders) involved, forming Bapas or
institutions that can carry out the roles and functions of Bapas to monitor the implementation
of diversion which has not existed in Kuantan Singingi Regency, which is actually an order
from the law.
Keywords: Children Facing the Law – Diversion – Crime