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ANALISIS PERAN PEMBIMBING KEMASYARAKATAN SEBAGAI PEMBERI REKOMENDASI TERHADAP PELAKSANAAN DIVERSI ANAK YANG BERHADAPAN DENGAN HUKUM (ABH) (STUDI DI BALAI PERMASYARAKATAN KELAS I YOGYAKARTA)
In Law Number 11 of 2012 concerning the Criminal Justice System, it is explained that in order to undergo the criminal justice process against children, efforts must be made to carry out a diversion process by considering several aspects, one of which is the results of community research carried out by the Correctional Center through Community Counselors. However, it can be seen that the number of child cases handled by the Yogyakarta Class I Correctional Center is inversely proportional to the number of Community Counselors and tends to increase from 2022-2023 with the success rate of diversion tending to be less than that of unsuccessful diversion. This makes it very risky for the performance of Community Guidance not to be implemented optimally. Thus, this research aims to determine the role and considerations of community counselors as providers of recommendations regarding the implementation of diversion for children in conflict with the law at the Yogyakarta Class I Correctional Center. This research is a type of empirical research or commonly called field research that examines applicable legal provisions and what happens in reality. The research approach used is a juridical-empirical approach using applicable regulations or legal materials . The results of this study indicate that Community Guidance (PK) at the Class I Yogyakarta Correctional Center (BAPAS) has a very important role in the implementation of diversion for Children in Conflict with the Law (ABH) by carrying out their duties in terms of assistance, guidance and supervision as well as Community Research (LITMAS) from when the child enters the investigation level until the determination of the results of the diversion agreement by synergizing with Law Enforcement Officers such as the Police, Prosecutors and Judges, even BPRSR, LPKA, LPKS, and other agencies needed to carry out guidance for Children in Conflict with the Law. PK as a recommendation provider for ABH is implemented through LITMAS, the results of which will be used as consideration by the Investigator/Prosecutor and Judge in the process of implementing ABH diversion through several considerations, namely the threat of being sentenced to less than 7 years, not a repetition of the crime, an assessment that the child will no longer repeat the crime, the condition of the parents/guardians, the condition or records of the child at school, the state of society, the consent of the victim and parents/guardians, compensation and the child's psychosocial condition.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS PERAN PEMBIMBING KEMASYARAKATAN SEBAGAI PEMBERI REKOMENDASI TERHADAP PELAKSANAAN DIVERSI ANAK YANG BERHADAPAN DENGAN HUKUM (ABH) (STUDI DI BALAI PERMASYARAKATAN KELAS I YOGYAKARTA) (Text)
ANALISIS PERAN PEMBIMBING KEMASYARAKATAN SEBAGAI PEMBERI REKOMENDASI TERHADAP PELAKSANAAN DIVERSI ANAK YANG BERHADAPAN DENGAN HUKUM (ABH) (STUDI DI BALAI PERMASYARAKATAN KELAS I YOGYAKARTA) (Other)
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