Peran Pembimbing Kemasyarakatan Dalam Pelaksanaan Diversi Terhadap Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak (Studi di Balai Pemasyarakatan Kelas II Sintang)

Abstract

Diversion is the alternative approach of cases involving children in conflict the law through non-formal judicial processes, emphasizing the principles of restorative justice. The implementation of diversion aims to avoid the negative impact of criminal proceedings on children, while promoting reconciliation between the offender, the victim, and the community. The implementation of diversion requires the involvement of correctional counselors who play a role in conducting community research, providing assistance, guidance, and supervision to children in conflict with the law. This study aims to analyze the legal framework for diversion in Indonesia, the role of correctional counselors in the implementation of diversion at the Class II Correctional Center in Sintang, and the obstacles they face, as well as the efforts to overcome these challenges. This research uses a normative empirical method with a descriptive-analytical approach. The data used consists of primary data obtained through interviews with correctional counselors at the Class II Correctional Center in Sintang, and secondary data obtained through literature studies from books, journals, and relevant legislation. The results show that the implementation of diversion in Indonesia is regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Government Regulation Number 65 of 2015 concerning Guidelines for the Implementation of Diversion and the Handling of Children Under 12 Years Old. The diversion process requires correctional counselors to play a key role from the investigation, prosecution, and trial stages, although its implementation still faces obstacles such as limited facilities and lack of inter-agency communication. Nevertheless, the success rate of diversion at the Class II Correctional Center in Sintang is relatively high, indicating that with adequate support, the diversion process can be effectively implemented and bring benefits to the child, the victim, and the community.