Upaya Kepolisian Negara Republik Indonesia Dalam Menanggulangi Tindak Pidana Pencurian Yang Dilakukan Pelaku Di Bawah Umur Dengan Penerapan Asas Restorative Justice

Abstract

This research is motivated by the role of the police in the community structure which is required to be carried out professionally in accordance with the needs and demands of the times, so that it is expected to create a safe and peaceful situation in society. The main problems studied in this study are limited as follows: (1) How is the role of the police in tackling criminal acts committed by minors associated with providing a sense of security for the community?; (2) How is legal protection for children/underage offenders in conflict with the law related to providing a sense of security for the community? This thesis research is a qualitative research because the research data is secondary data which is a description of words. There are several kinds of research approaches that can be carried out on a normative qualitative research, specifically for this thesis research using a statutory approach. The results of the study are: (1) Handling of criminal acts committed by children in the jurisdiction of the Indonesian National Police, in this case, manifested in the form of conceptual diversion, will be more appropriate in carrying out enforcement efforts and peace sanctions against children who commit crimes with victims in the context of child protection. against stigma (bad label) when a child commits a crime or violates the law. Efforts to apply the principle of restorative justice in the settlement of crimes committed by children in the Indonesian National Police by police investigators have not been implemented effectively; (2) Criminal cases for children in conflict with the law must be distinguished in the process and handling as an effort to save the future and as a state responsibility that guarantees children's rights so that they can be fulfilled to grow and develop. Efforts to overcome child delinquency by the police must be carried out in an integrated manner. The conclusions from the results of the study are: (1) The implementation of restorative justice in the Police for children/underage offenders in conflict with the law is in accordance with the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System concerning the Implementation of Diversion; (2) Protection of children in conflict with the law is an ongoing study carried out with various efforts, starting from adopting the Convention on the