Guidelines for Implementation of Legal Certainty Concerning Diversion in Children Criminal Justice System (Case Study on the Determination of the Chairperson of the Painan District Court Regarding Diversity Agreement Number 2 / Pen.Div / 2019 / PNPnn jo Number 3 / Pid.Sus-Anak / 2019 / PNPnn)

Fitri Dafpriyeni, Elwi Danil, Aria Zurnetti

Abstract


Diversion is a diversion of the settlement of criminal cases by children outside the court. Diversion is carried out by holding meetings (face-to-face) between the parties regulated in Act Number 11 of 2012 concerning the Criminal Justice System for Children and in the Supreme Court Regulation (Perma) Number 4 of 2014 concerning Guidelines for the Implementation of Diversity in SPPA. However, there are differences regarding the requirements for Diversity that are regulated in Law Number 11 of 2012 concerning SPPA (SPPA Law) and Article 3 of Perma Number 4 of 2014 concerning Guidelines for the Implementation of Diversity in SPPA. The problems examined in this thesis are 1) How is the legal certainty of the application of Article 3 of Perma Number 4 of 2014 concerning Guidelines for the Implementation of Diversity in the SPPA against Law Number 11 of 2012 Concerning the Juvenile Justice System for the Determination of the Chairman of the Painan District Court Regarding Diversi Agreement on behalf of NANDA DUANDA PUTRA Call NANDA Bin RIN Number 2 / Pen.Div / 2019 / PN Pnn jo Number 3 / Pid.Sus-Anak / 2019 / PN Pnn? 2) What is the effort made to equalize perceptions about Perma Number 4 of 2014 concerning Guidelines for the Implementation of Diversity in SPPA and the SPPA Law in the application of the Integrated Juvenile Justice System ?. The approach method used is normative juridical. This type of research is descriptive.


Keywords


Legal Certainty; Diversity; Children; The Criminal Justice System for Children

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References


Books

Apong Herlina, Protection of Children in Conflict with Law: Training Manual for Police, Jakarta: UNICEF-POLRI, 2004, p. 330.

Marlina, Child Criminal Justice in Indonesia Development of the Concept of Diversity and Restorative Justice, Bandung: PT.Refika Aditama, 2012, p. 161.

Marlina, Child Criminal Justice in Indonesia Development of the Concept of Diversity and Restorative Justice, Bandung: PT.Refika Aditama, 2012, p. 22.

M. Nasir Djamil, Children Are Not To Be Punished Discussion Notes on the Law on the Criminal Justice System for Children (SPPA Law), East Jakarta: Sinar Grafika, 2013, p.138.

Setia Wahyudi, Implementation of Diversity Ideas in Reforming the Juvenile Justice System in Indonesia, Yogyakarta: Genta Publishing, 2011, p. 10

Website

https://www.mahkamahagung.go.id accessed on 2 September 2019 at 17.00 WIB.

Interview

Interview with Public Prosecutor Monica Sevi, S.H., Public Prosecutor at the South Coast Prosecutor's Office on 9 October 2019.

Interview with Public Prosecutor Reni Herman, S.H., Public Prosecutor at the South Coast Prosecutor's Office on 9 October 2019.

Interview with judge Feryandi, S.H., judge at the Painan District Court on October 2, 2019

Legislation

Law Number 11 of 2012 concerning the Criminal Justice System for Children.

Supreme Court Regulation No. 4 of 2014




DOI: http://dx.doi.org/10.18415/ijmmu.v6i6.1309

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