Pelaksanaan Diversi pada Tingkat Penyidikan Oleh Polri Terhadap Anak yang Melakukan Tindak Pidana Kekerasan (Studi di Wilayah Hukum Polres Asahan)

Abstract

Children are individuals who are not yet psychologically, physically, and socially mature. The problem of children in carrying out social deviant behavior is called juvenile delinquency. The reality that occurs in the jurisdiction of the Asahan Police, cases of children committing violent crimes are often carried out by high school (SMA) teenagers. Before Law Number 11 of 2012, the problems of children in conflict with the law were regulated in Law Number 3 of 1997. The police are one of the law enforcement officers referred to in Law Number 11 of 2012 to seek diversion for children in conflict with the law. The problems discussed in this study are, legal regulations for children who commit violent crimes through diversion, the relationship between criminal law politics and the existence of diversion in resolving cases of children who commit violent crimes, and the implementation of diversion for children who commit violent crimes at the Asahan Police. The research method used is normative-empirical law with a statutory and conceptual approach. Data collection techniques using interviews, document studies, and literature studies. The results of this study indicate that the legal regulations regarding children who commit violent crimes are regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The political relevance of criminal law is found in the government's policy of amending Law Number 3 of 1997 concerning Juvenile Courts which prioritizes a formal legal approach by issuing Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which prioritizes diversion. The implementation of diversion against children who commit violent crimes at the Asahan Police is carried out by a special police unit, namely the women and children protection unit, for example a case with Police Report Number: LP/B/196/III/2024/SPKT/ASAHAN POLICE/NORTH SUMATRA REGIONAL POLICE which did not reach an agreement and Police Report Number: LP/B/422/VI/2025/SPKT/ASAHAN POLICE/NORTH SUMATRA REGIONAL POLICE which reached an agreement.