Analysis of Diversion Arrangements in the Beijing Rules and the Juvenile Criminal Justice System in Indonesia

Abstract

Diversion is very important to pay attention to in handling children of delinquent perpetrators, because it can prevent children from the stigmatization process that usually occurs in the process of criminalizing children through the juvenile justice system. In terms of protecting the best interests of children, diversion arrangements can be found in several international legal instruments such as The Beijing Rules, and in national legal instruments such as the Juvenile Criminal Justice System Act. The purpose of this study is to examine the diversion arrangements in The Beijing Rules and their arrangements in the Law on the Juvenile Criminal Justice System in Indonesia, then to examine these two arrangements. The research method used is normative legal research using statutory, conceptual, and comparative approaches. The results of the study show that the purpose of diversion in The Beijing Rules is not fully seen in the Law on the Juvenile Criminal Justice System. Because even though the provisions for diversion have been regulated, the existence of space that diversion can be pursued at the stages of investigation, prosecution and examination at trial has resulted in cases still being included in the juvenile justice system by giving a stronger stigma to children who are in conflict with the law.