EFEKTIVITAS DIVERSI DAN RESTORATIVE JUSTICE DALAM PERKARA PIDANA TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (ABH) DI WILAYAH HUKUM POLRES BONDOWOSO

Reni Kamalya, NIM.: 20103040006 (2024) EFEKTIVITAS DIVERSI DAN RESTORATIVE JUSTICE DALAM PERKARA PIDANA TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (ABH) DI WILAYAH HUKUM POLRES BONDOWOSO. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The social symptom of Juvenile Deliquency or commonly called juvenile delinquent behavior, often leads to actions that are included in criminal acts. The implementation of the juvenile justice system is a form of overcoming juvenile delinquency that leads to a criminal offense. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, hereinafter referred to as the SPPA Law, is the legal basis for the protection of children who are in conflict with the law. In the SPPA Law, there is a concept of transferring the settlement of criminal cases from litigation to non-litigation for children who commit criminal acts in the form of diversion and restorative justice. In this study, the main issues to be discussed are related to the implementation and effectiveness of diversion and restorative justice at Bondowoso District Police, as well as the obstacles faced by Bondowoso District Police in implementing diversion and restorative justice. The type of research used in this thesis is field research with the nature of qualitative research. This research approach uses a juridical-empirical approach (sociological jurisprudence). The data collection method is by conducting interviews to collect data in the field and literature study. The theories used in this research are diversion theory, restorative justice theory and legal effectiveness theory. The result of this study indicate that the implementation of diversion towards ABH at Bondowoso Police Station is carried out in accordance with applicable laws and regulations. However, not all diversion efforts are unsuccessful. Meanwhile, the implementationof restorative justice for ABH at Bondowoso District Police is inconsistent due to one of the flow of implementation of restorative justice at Bondowoso District Police is contrary to the initiation and decision of the restorative justice agreement which should be fully approved by the victim. The effectiveness of the application of diversion and restorative justice for ABH at Bondowoso District Police tends to be ineffective. This is due to many factors that are not fulfilled properly, such as the factor of law enforcement officials who are less capable, the community factor which is still unfamiliar with the settlement of criminal cases by diversion and restorative justice, and the reluctance of the community to participate in the implementation of diversion and restorative justice efforts. Obastacles experienced in the implementation of diversion dan restorative justice, such as ABH who have difficulty in providing information, low public understanding of diversion and restorative justice, and a very large and disproportionate demand for nominal compensation.

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