Diversion approach as an alternative case resolution son of the conflict with the law on child criminal justice system (case study of Merauke)

Abstract

In terms of providing protection to children in conflict with the law, the government has made efforts to protect one of them is with the birth of Law No. 11 of 2012 on the Criminal Justice System Child. Where the Criminal Justice System Child is a whole process of settlement of children in conflict with the law, starting from the inquiry stage to the stage after undergoing criminal coaching. The protection of children in conflict with the law in the integrated justice system emphasizes child by placing the child in a special coaching institute child (LPKA). From the data in the hall correctional noted that native son of Papua committing an offense for the year 2018 as many as 52 children and for 2019 to the month of May as many as 24 children, so it can be seen that the crimes or offenses committed by children Papuans very much, Therefore, this study to the purpose to see how the diversion as an alternative approach to settling disputes children in problems in the law on juvenile criminal justice system. The research method is a method of Juridical Empirical legal research done by looking at the facts or issues raised in the public and subject it to the rule of law. In the implementation of diversion level, the police have not been too many who managed to carry out the process of diversion that of the number of cases of children in 2017 as many as 34 cases and succeeded in running a diversion which 7 cases, in 2018 the number of cases of children native Papuans were 52 cases and successfully execute diversion of as many as 11 cases was in 2019 until the month of May were 22 cases and conduct a successful diversion 1 case. the number of cases managed to do more with turnover versioned loss in the form of a sum of money, but at the level of the prosecutor to date, only one case recently successfully implemented in a court diversion and no one has succeeded in carrying out the diversion process. so thatneed the recommendation of the government to do legislatief the reviews related to the terms implementation of diversion, especially the crime of the threat of 7 years but there are no victims in the criminal alleged to the child that needs a special assistance prepared by the local government to the children of the indigenous Papuan conflict with the law.