IMPLEMENTASI PERAN LEMBAGA BALAI PEMASYARAKATAN (BAPAS) KELAS I YOGYAKARTA DALAM PELAKSANAAN DIVERSI PADA PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM

HANDAYANI PUTMADINI, NIM: 18103040013 (2022) IMPLEMENTASI PERAN LEMBAGA BALAI PEMASYARAKATAN (BAPAS) KELAS I YOGYAKARTA DALAM PELAKSANAAN DIVERSI PADA PERKARA ANAK YANG BERKONFLIK DENGAN HUKUM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Children in conflict with the law in Indonesia must be tried in a special court for children with a special process and special officials who understand and understand children, but with the principle of child protection, especially with the existence of nondiscriminatory principles that prioritize the best interests of the child. Therefore, it is necessary to settle cases outside the court. In accordance with article 8 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System, the settlement of children's cases outside the court is called Diversion. Fathers as one of the institutions to carry out guidance for correctional clients and is one of the technical implementation units outside the correctional institution that plays an important role in the implementation of Diversion of children in conflict with the law. Based on this, researchers are interested in examining how the implementation of the role of the Yogyakarta BAPAS Class I institution in the implementation of Diversion and how to supervise the implementation of the Diversion process and the implementation of the results of the Diversion agreement in BAPAS Class I Yogyakarta.? This research is a field research (field research). In this study, the analytical method used is descriptive with an empirical juridical approach, namely research that refers to Laws and Government Regulations, which still examines law as a social reality. In this study the authors use the method of interview results are collaborated with the theory and the theory of restorative justice objectives (RestorativeJustice).The research location is the Class I Correctional Center (BAPAS) Yogyakarta. The results of the study show that children in conflict with the law are accompanied by the Fathers from the examination process until the court's decision is issued. To help facilitate the investigation process, BAPAS was assigned to make Litmas which was then handed over to the police. In carrying out BAPAS Class I Yogyakarta Diversion, it acts as a deputy facilitator, whose duty is to accompany, mediate, and provide advice so that the Diversion agreement is reached. Diversion can fail either at the police, prosecutor's, or court stages. Achieving the Diversion agreement depends on the child of the victim and his guardian, the child of the perpetrator and his guardian in conducting deliberation, negotiation and agreement. Supervision of the Diversion agreement is carried out in accordance with the results of the Diversion that have been issued from the court, for example AKKOT with guidance, AKKOT with supervision, and compensation. If the perpetrator's child violates the agreement as a result of the Diversion, the PK will remind, if it still violates, the PK will then report to the superior, and the Diversion agreement can be canceled and submitted to the court

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