Diversion as a Form of Restorative Justice for Child Offenders in Indonesia: a Study on the Implementation of Social Research Recommendations

Abstract

Objective: This research wants to examine whether community research is taken into consideration in carrying out Diversion in the stages of the juvenile justice system. Even though it is a recommendation in nature, meaning that it may be considered, Community Research is the initial foundation for knowing the condition of child offenders who conflict with the Law. Theoretical framework: This research is certainly different from the 3 studies above; although it is related to restorative justice and Diversion in juvenile justice, it has a different study focus, which is related to the results of community research conducted by Correctional Centers that produce recommendations: Diversion or not a diversion. This is mainly related to the basis of Diversion, namely recommendations from Community Research on cases of children in conflict with the Law. Methodology: The method used is normative legal research and qualitative data analysis. The approach used is an inventory of laws relating to restorative justice contained in the stages of handling child cases by the justice sub-system, namely the police, prosecutors and courts. Vertical horizontal synchronization is used to see harmony between existing regulations, especially with regard to social research in diversion decisions. Then the legal principles approach is used to examine the principles contained in restorative justice whether they are in accordance with the principles contained in existing regulations for handling cases of children in conflict with the law. Results and conclusion: The study results found that community research recommendations were considered in proposing Diversion at the Police, prosecutor's, and court stages. It is just that the results of social research are sometimes hindered by the diversion requirement relating to a 7-year sentence, so the results of the study of the condition of the offender's child still produce recommendations for non-diversion. However, depending on the policy in the judge's decision, conditional or supervisory punishment can be recommended. Originality/value: This paper examines how social research recommendations are considered in implementing Diversion in the judicial stages as an embodiment of restorative justice.