HAMBATAN PELAKSANAAN DIVERSI DALAM PENYELESAIAN TINDAK PIDANA ANAK DI TINGKAT PENGADILAN

Abstract

The offender is not only dominated by adults but also children. To be categorized as a children if the age has not reached 18 (eighteen) years. Due to the young age of the government make rules regarding the inspection procedure and trial as stipulated in regulation No.11 years 2012 about the Criminal Justice System For Children. Inspection conducted criminal assault of children in court level is divided into two stages. The first stage is an attempt deliberations through diversion mechanism led by the facilitator diversion. The second stage of the trial criminal assault of children headed by a single judge, the second stage is reached when the first stage failed to take place. Thats way the authors interested writte a paper titled "Barriers to Implementation Completion Crime Diversion In Children In Level Courts". The formulation of the problem to be studied is what factors inhibiting the implementation of diversion in the completion of the crime of child at court level. The method used is empirical juridical. The technique of collecting data by conducting interviews with facilitators diversion. Analysis of the data used is descriptive and qualitative nature. The results of the study authors found that factors inhibiting the implementation of diversion in the courts is difficult to position the offender or his family and the victim or his family in a forum together reach a win-win solution, because of differences perception of fairness. Besides, the influence of other parties (eg NGOs) are not desire to achieve a consensus in the diversion. The solution to this problem is to build a common vision among all stakeholders diversion that settlement of criminal cases with perpetrators of children through the mechanism of diversion is wanted to be fair to all parties, namely to restore the damaged condition to its original state as a result of the act the perpetrator (eg compensation to victim, an apology, compulsory reporting, social work) and impose sanctions to perpetrators in an effort to provide guidance so deterrent.