IMPLEMENTASI DIVERSI SEBAGAI SARANA NON PENAL DALAM SISTEM PERADILAN PIDANA ANAK DI BAPAS SURAKARTA

Abstract

Children as criminals (crimes) need to get adequate protection and their human rights are protected and respected at all times, in accordance with the law on children's rights. Children need special treatment and protection, because their physical condition and mental abilities are still unstable, so different treatments are needed from adults. In the juvenile criminal justice system there is a case settlement process outside the justice mechanism with a diversion mechanism or diversion idea. The problem in this study is how it is diversified as a non-penal tool in the juvenile justice system in Bapas Surakarta.The approach method in this research uses empirical juridical, as well as historical and comparative approaches. Analysis of the data applied in this study is the analysis of data that is quantitative and qualitative.

The results of the study, namely the Implementation of diversion in juvenile criminal justice for children aim to avoid the negative effects of conventional criminal justice examinations on children, both the negative effects of the judicial process and the negative effects of the stigma (evil stamp) of the judicial process, then conventional examinations are transferred, and to the child subject to diversion programs.

Keywords: Implementation of Diversion, Non-Penal, BAPAS Surakarta