Juridical Analysis of the Determination of Judges' Diversion Case Studi of Children Number 2 / Diversi / Pid. Sus-Anak / 2018 / Pn Pmn in the Legal Area of the Pariaman District Court

Abstract

One of the important changes accommodated in the Criminal Justice System for Children Law is a restorative justice approach that is implemented in a diversified manner to minimize children from negative stigma and keep children away from legal processes that can put a psychological strain on children. In the practice of implementing the diversion of children against the law in the jurisdiction of the Pariaman District Court, there have been differences in the determination of judges in providing the diversion of children against the law. Judges in the same case, where the diversion agreement was reached at the stage of the investigation but the judge refused to make the decision, while at the level of prosecution with diversion efforts carried out again, the judge set a diversion attempt against the child. This can be seen in the case with the PDM-16 / Paria-Anak / 8/2018 register number in the name of ArifanMahesa and Harifan Maisa called Ipan. At the time of the case, Ipan was 17 years old. This research is normative juridical research with the problem approach method through the law approach, historical approach, and conceptual approach. The nature of this research is descriptive using secondary data. The results showed that: 1. Investigators and Public Prosecutors in principle fulfill the legal procedures in seeking diversion and handling children who conflict with the law. However, the lack of coordination between investigators and prosecutors has made the results of research on alleged criminal acts committed by children in conflict with the law summary; 2. the judge does not consider in a non-juridical and rigid manner to the provisions of the applicable law, and according to the author is quite ignorant of the overlapping forms that occur to result in the process of law enforcement in the context of legal protection for children in conflict with the law takes a long time and protracted dissolved in the higher examination process, To improve the future is needed The Supreme Court needs to make and provide guidelines for the determination of diversion requests for diversion at the level of investigation and prosecution if the diversion is carried out against a crime that is threatened with a crime over 7 (seven) years besides criminal threats for under 7 (seven) years. As well as conducting a review of Perma on Diversion.