Analisis Yuridis Diversi pada Anak sebagai Pelaku dalam Tindak Pidana (Studi Kasus Wilayah Kota Makassar)

This study aims to determine the process of diversion for children as
perpetrators of criminal acts, as well as to find out the obstacles faced in the
application of diversion to children in criminal acts.
Discussion related to the diversion process for children as
perpetrators of criminal acts in the city of Makassar, what obstacles are
faced in the application of diversion to children in criminal acts in the city of
Makassar
This research was conducted by collecting primary data and
secondary data. The data collection technique is through field studies by
conducting interviews and analysis using empirical juridical analysis using
a socio legal research approach.
The results of this study prove that; (1) Not all cases can be resolved
through a Restorative Justice approach, namely by means of diversion,
especially for criminal acts that cannot be tolerated, such as narcotics and
psychotropical crimes. (2) The implementation of the diversion effort also
encountered several obstacles
It can be concluded that the implementation of diversion at the
Makassar Polrestabes uses Law Number 11 of 2012 as a guideline but has
not made PP Number 65 of 2015 as a guideline for the implementation of
diversion.
The author's suggestion on the Juvenile Criminal Justice System
Number 11 of 2012 is more concerned with protecting children as
perpetrators than protecting children as victims and children as witnesses.
Therefore, the authors suggest that the Juvenile Justice System Act
prioritizes or at least balances the interests of the rights of children as
victims.
Key : Diversion, child of a criminal