Pelaksanaan Diversi oleh Kepolisian Resor Kota Besar Medan dalam Penanganan Tindak Pidana Kekerasan terhadap Anak

Abstract

This study discusses the Implementation of Diversion by the Medan City Police in Handling Criminal Acts of Violence against Children. Diversion is one approach in the juvenile criminal justice system that aims to divert the resolution of cases from formal justice channels to non-penal settlements, through a keadilan restoratifapproach. This study departs from the increasing number of violence against children that not only makes children victims, but also perpetrators, as well as the low level of public awareness and understanding of the concept of diversion. This study uses a normative-empirical method with a legislative approach and case studies. Data were obtained through literature studies and direct interviews with officers at the Women and Children Protection Unit (PPA) of the Medan Police. The results of the study indicate that the implementation of diversion at the Medan Police is in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, but in practice it still faces various obstacles, such as the attitude of the community that supports the imposition of punishments that are punitive or revenge against perpetrators of criminal acts, disagreements between victims and perpetrators, and limited understanding of the parties regarding diversion efforts with a keadilan restoratifapproach. To overcome these obstacles, Polrestabes Medan has made efforts such as legal socialization to the community. This study recommends increasing public education, as well as periodic evaluation of diversion failures as a strategic effort to realize a more humane juvenile justice system that is in the best interests of children.