Synchronization of Laws and Application of Diversion in Children Criminal Laws in Conflict

Authors

  • Renhard Harve, Syafruddin Kalo, Alvi Syahrin, Ediwarman Universitas Sumatera Utara, Medan, Indonesia

Keywords:

juvenile crimes, Indonesian criminal code, diversion, synchronization, restorative justice

Abstract

In the context of criminal offenses committed by children in Indonesia, the diversion process requires the synchronization of case resolutionsfrom juvenile criminal justice to a less severe and informal justice system that is based on the principles of restorative justice and providing relief to both the perpetrator and the victim. This study aimed at examining the feasibility of a consistent diversion in handling juvenile crimes when the concerned laws stand in conflict with other laws. It also aimed at understanding whether a synchronization can take place between the two laws. This stud adopted a doctrinal legal research or normative juridical method which was the combination of normative research and data field research. The primary data related to legal matters was collected from case studies, Laws and Acts, such as Law No. 11 of 2012 and the Supreme Court Regulation Number 4 of the Year 2014, concerning the Guidelines for Implementing Diversion in the juvenile justice system. Findings revealed that the application of diversion of child criminal cases to less sever or other Laws faced challenges and also a conflict with the expositing laws, particularly in conflict more at the police investigation subsystem level, and less at the next two stages, that of prosecution and District Court Judge level. The study found the need of implementing the diversion provisions in accordance with the Supreme Court guidelines which would control all the phases of diversion. It is recommended that Law enforcement officials and those associated with legal agencies/institutions should also collaborate to the principle of diversion and protection of child rights. This study would have useful implications for law enforcement officials to initiate such practices like non-discrimination in society and safeguarding the interest of the child in education and employment.

Downloads

Published

2021-11-24