PERSPEKTIF MASLAHAH TERHADAP POLITIK HUKUM DIVERSI BAGI TINDAK PIDANA BERAT DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Farhan Fathur Rahman, NIM.: 22203011040 (2024) PERSPEKTIF MASLAHAH TERHADAP POLITIK HUKUM DIVERSI BAGI TINDAK PIDANA BERAT DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The use of restorative justice in the juvenile justice system is aimed at restoring children from the negative impacts of formal legal proceedings and placement in correctional institutions. This concept is utilized as an approach in diversion processes to provide rehabilitation for both the mental and physical well-being of juvenile offenders, ensuring a better future for them. Similarly, within Islam itself, which discusses the benefits to humanity, diversion in the juvenile justice system provides positive benefits for juvenile offenders, as it focuses on education and rehabilitation to improve their mental and physical state, rather than resorting to punitive measures such as imprisonment, which are known to be retaliatory in nature. The purpose of this research is to explain the legal policy in determining the conditions for the application of diversion for children in conflict with the law, and to elucidate the implementation of the diversion process for serious offenses from the perspective of maṣlahah (public interest). The research method used is library research. namely research that uses books, journals and other scientific works to find research results. The type of research used in this research is normative juridical research with the nature of the research that will be used by researchers is descriptive-analysis. The findings of this thesis indicate that there are still problems arising within the Juvenile Justice Law. Issues such as the paradigm linking diversion and restorative justice, and the imposition of conditions for implementing diversion, are deemed to inadequately fulfill the principles upon which the Juvenile Justice Law is founded, namely the principles of the best interests of the child and non-discrimination. Referring to these principles, the requirement for implementing diversion should not exist because all children are entitled to equal rights without discrimination. On the other hand, the continuous unification and renewal of laws are seen to have the concept of public interest as good law. However, the imposition of conditions on diversion is considered to not fully meet the Maṣlahah in the legal accountability carried out by children because it has not yet been able to fully protect children's rights.

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