The Juvenile Criminal Justice System’s Post-Ten-Year Evaluation: Diversion Analysis and Restorative Justice Approach

DOI

10.2991/978-2-38476-315-3_57How to use a DOI?

Keywords

Child Criminal Justice System; Diversion; Juvenile Crime

Abstract

The construction of the Juvenile Criminal Justice System was mandated by Law Number 11 of 2012, which replaced Law Number 3 of 1997, which regulated Juvenile Courts. The utilization of diversion, a mechanism for resolving child-related conflicts that occurs outside of the formal legal framework, is a notable characteristic of the SPPA Law. The traditional criminal justice system is replaced by a restorative justice approach, which is used to achieve diversion. This approach entails the involvement of the community, victims, offenders, their families, and other pertinent stakeholders in the resolution of a criminal offense. Ensures the protection of children’s welfare in legal disputes and facilitates the resolution of issues and the establishment of agreements without resorting to litigation. Additionally, the author intends to assess the efficacy of the SPPA Law’s implementation in Indonesia ten years after its passage, as well as to identify any potential obstacles to its enforcement. The research implemented normative juridical methodologies, which encompassed the examination of statutes, cases, historical documents, and conceptual frameworks. The research results suggested that there are still instances of diversion, impediments, and deficiencies in the resolution of children’s cases, particularly in specific areas that have not been adequately addressed by the SPPA Law. The author of the study suggests that the SPPA Law requires revision.

Copyright

© 2024 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  - Natalie Gistrian
AU  - Mohammad Jamin
AU  - Hartiwiningsih Hartiwiningsih
PY  - 2024
DA  - 2024/12/24
TI  - The Juvenile Criminal Justice System’s Post-Ten-Year Evaluation: Diversion Analysis and Restorative Justice Approach
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 422
EP  - 427
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_57
DO  - 10.2991/978-2-38476-315-3_57
ID  - Gistrian2024
ER  -