Implementation of Diversion in the Juvenile Criminal Justice System in Indonesia: Analysis of Obstacles and Juvenile Punishment Based on Law Number 11 of 2012

Abstract

This study aims to examine the concept of punishment for children as perpetrators of crimes in Indonesia. This study uses normative legal research with a statutory and conceptual approach. The legal materials are sourced from primary and secondary legal materials. The legal material collection technique is through literature studies and interviews. The legal materials are analyzed using qualitative methods. The results of this study indicate that The juvenile criminal justice system or Diversion has been implemented in various countries with different characteristics. International Law has recognized that children must be treated differently from adults. In Indonesia, the juvenile criminal justice system applies, which refers to Law Number 11 of 2012. However, the large number of cases of children sentenced to prison shows that Diversion has not been implemented optimally in Indonesia. The causes range from the inadequate capabilities of law enforcement officers, victims and/or victims' families who refuse to make peace, and diversion requirements that limit diversion efforts. Therefore, improvements are needed in the implementation of Diversion to ensure better protection for children as perpetrators of criminal acts in Indonesia.