ANALISIS YURIDIS TERHADAP DIVERSI DALAM PERKARA TINDAK PIDANA ANAK MENURUT UNDANG-UNDANG NO 11 TAHUN 2012 DI POLRES JAYAPURA

Abstract

This research with the title of juridical analysis of diversion in child criminal cases according to Law No. 11 of 2012 in Jayapura Police where the purpose of the research is to find out the implementation of diversion in child criminal cases according to Law No. 11 of 2012 concerning the juvenile criminal justice system in Jayapura Police and to find out what are the obstacles in the implementation of Diversion in child criminal cases according to Law No. 11 of 2012 concerning the juvenile criminal justice system in Jayapura Police. This research uses the method of Normative Research Type and Empirical Research where Normative research emphasizes the law and other regulations that are conceptualized as what is written in the legislation (law In book) While in Empirical juridical research, namely the law is conceptualized as operated by the community in their daily lives. The results of the study indicate that the Implementation of Diversion carried out by Jayapura Police in handling children in conflict with the law is based on Law No. 2/2002 concerning the Indonesian National Police and also Law No. 11/2012 concerning the Juvenile Criminal Justice System (SPPA) at the Jayapura Police. There are 4 factors that become obstacles in the diversion process implemented by the Jayapura Police for children in conflict with the law, namely: a. The distance between the Jayapura Police Resort and the Correctional Center (Bapas) is quite far which causes obstacles during the implementation of coordination due to the long distance from the office making it difficult to coordinate and synchronize. b. There are no social workers who are certified as social workers in Jayapura City who have certificates to provide assistance to children in conflict with the law. c. Lack of public understanding regarding the diversion process Rules in the implementation of legal policies are very important. With these implementing rules, law enforcement officers have guidelines for resolving criminal acts with diversion. d. The cost of compensation is quite large. Another obstacle regarding the implementation of diversion at the Jayapura Police in this case is that the victim demands compensation that is too high.