Implementasi Diversi Terhadap Anak Berhadapan Dengan Hukum (Studi Kasus Perkara Nomor: 15/Pid.Sus.Anak/2024/PN Sby)

Abstract

This study discusses the implementation of Diversion in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System for Children in Conflict with the Law (ABH) in cases regulated by Emergency Law No. 12 of 1951. The research method used is normative juridical, with a focus on the analysis of laws and legal principles. The results of the study indicate that although restorative justice through diversion is a primary principle in juvenile justice, its application is not possible in ABH cases entangled in Emergency Law No. 12 of 1951 because it does not meet the requirements according to Article 7 of the SPPA Law. As a result, children remain at risk of criminal penalties, which is contrary to the principle of the best interests of the child. This study recommends the need for legal reform, such as the comprehensive implementation of diversion.

Keywords: Diversion, SPPA Law, Emergency Law No. 12 of 1951, restorative justice