Vol. 6, Issue 3 (2020)
Reconstruction of diversion policy regulation in a child-suspect case investigation handling in Indonesia based on justice value
Author(s): Aniek Periani, Gunarto, Sri Endah Wahyuningsih
Abstract: The main purpose of this study is to examine the weaknesses of the implementation of the resolution for cases of child-suspect case investigation and how to reconstruct the diversion policy regulation in the resolution of cases of child-suspect case investigations based on justice values. The theory used to analyze is Aristotelian justice theory, John Rawls and Islam, criminal policy theory, criminological theory and progressive legal theory. Research is a qualitative study by analytical descriptive nature. The approach used is the empirical empirical approach method. The subjects of the study were Children, Purwokerto Penitentiary Officers, Police Officers (Banyumas, Cilacap, Purbalingga, Banjarnegara and Kebumen), supported with diversion document released by the authorities. Data were collected by interview technique and literature study, while data analysis was done by inductive qualitative analysis methods. The results showed that the Reconstruction of the diversion regulation in the resolution of cases of child-suspect case investigation is to realize the implementation of diversion in order to meet the appropriate value of justice and promote the protection of children's interests. The article which is reconstructed is Article 5 paragraph (3) concerning the obligation to implement diversion, Article 7 paragraph (1) concerning the obligation to carry out diversion and Article 8 paragraph (3) concerning the interests of children which must be prioritized. The reconstruction of this regulation is expected to be an improvement to the Criminal Justice System Law for Children which will substantially better reflect the value of justice.