Diversi dan Keadilan Restoratif dalam Sistem Peradilan Pidana Anak di Indonesia : Urgensi dan Implikasinya

Abstract

Restorative justice approach in thr case of children can be achieved through the application of diversion.The diversion should be measurably and legally implemented by the criminal law enforcement agencies in all stage. Factually, the absence of laws that specifically regulate the diversion, the shortcomings of the juvenile criminal justice; the incapacity of prisons, prisons for Children, and Social Organization in fostering children in conflict with the law during this time; the unsuccesful achievement of the goal diversion in children in some countries become the cause-birth of diversion system in the case of children. As the consequences, the parties involved during and post-diversion process shall guarantee the best needs for the child and the victim. Therefore, educating, coaching, mentoring and supervising of children in conflict with the law must be carried out systematically. The juridical consequences, The Government Regulation (PP) concerning on diversion and other acts, including organic rules that can be used as a guide in istitutions and personal involved in the process before, during, and after the disversion is needed in order to achieve fairness in legal certainty.