Development of a Diversion Model for Optimizing Legal Protection for Children Who Are Facing the Law, Which Is Penalty for 7 (Seven) Years

DOI

10.2991/978-2-38476-164-7_105How to use a DOI?

Keywords

Diversion; Legal Protection; Children In Conflict With the Law

Abstract

The Juvenile Criminal Justice System Law must prioritize a restorative justice approach applied in the form of diversion, but only aimed at juvenile criminals who are threatened with imprisonment of under seven years. For child perpetrators who are threatened with a sentence of more than seven years. In practice, the application of the principles of restorative justice for juvenile criminals who are threatened with a sentence of more than seven years is partly implemented through discretion, but discretion can also give rise to problems of injustice, due to differences in treatment in the law enforcement process. The aim of this research is to find out how the principles of restorative justice are applied in the criminal laws and regulations in force in Indonesia and how diversion is applied for juvenile criminals who are threatened with imprisonment for more than seven years so that restorative justice can be realized. The type of research is normative legal research, to search for and find the data needed to answer problems. The research results reveal that Indonesian criminal law legislation does not yet regulate the principles of restorative justice for perpetrators of juvenile crimes who are threatened with imprisonment for more than seven years. Theoretically, historically, normatively and in procedural practice, diversion can also be applied to resolve criminal cases committed by children who are threatened with imprisonment for more than seven years.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Eko Arief Wibowo
PY  - 2023
DA  - 2023/12/21
TI  - Development of a Diversion Model for Optimizing Legal Protection for Children Who Are Facing the Law, Which Is Penalty for 7 (Seven) Years
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 1137
EP  - 1147
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_105
DO  - 10.2991/978-2-38476-164-7_105
ID  - Wibowo2023
ER  -