Kebijakan Diversi terhadap Anak yang Berkonflik dengan Hukum dalam Tindak Pidana Kekerasan terhadap Orang yang Menyebabkan Luka ((Studi Penetapan Nomor: 15/PEN.DIV/2021/PN RAP dan Penetapan Nomor: 47/PID.SUS - Anak/2020/PN MDN)

Abstract

Children can possibly commit criminal offenses as what other adults do. The impacts are that they will get traumatic effect, be labelled/stigmatized as criminals, or be evicted from schools. This condition will potentially violate their fundamental rights; they can even be influenced to do bad things by their inmates. Therefore, special attention and protection is needed through the concept of diversion. Restorative justice is implemented in handling the case through diversion in the Verdict No. 15/Pen.div/2021/PN Rap and the Verdict No. 47/Pid.Sus-Anak/2020/PN Mdn, in which a child is indicted with violent criminal offense causing people injuries. The research problems are as follows: how about the regulation on the liability of children in conflict with the law, how about the implementation of diversion in children in conflict with the law concerning a violent criminal offense causing people injuries in the Verdict No. 15/Pen.div/2021/PN Rap and the Verdict No. 47/Pid.Sus Anak/2020/PN Mdn and how about the obstructions in the diversion policy on children in conflict with the law. The research employs juridical normative method by analyzing legal provisions, judges decisions, legal theories, and experts opinions concerning diversion policy on children in conflict with the law concerning violent criminal offense causing people injuries. The results of the research shows that the Verdict No. 15/Pen.div/2021/PN Rap and the Verdict No. 47/Pid.Sus-Anak/2020/PN Mdn state that diversion is implemented in the children in conflict with the law who commits violence against someone else which causes the latter injuries. When the diversion is successfully done in the stages of investigation, prosecution, and trial, the judge(s), of the District Court will stop the trial and the child perpetrator is given back to his parents, and he returns to school.