Abstract
The diversion provisions in the juvenile justice system law whether it has prevented children from the negative effects of the Criminal Justice System. By the way, all children who have problems with the law put the best interests of the child. The method of approach is the statutory approach and the comparative approach. Primary, secondary and tertiary legal materials obtained by the author will be analyzed using the method of systematic interpretation, namely interpretation by looking at the relationship between the rules in an interdependent law.The result, diversion is a settlement of child cases that are carried out outside formal justice with the aim of preventing children from stigmatizing children who are dealing with the law must be in accordance with the purpose of diversion in The Beijing Rules. Whereas in Indonesia, the diversion provisions in the Criminal Justice System Act of the Child are still included in the criminal justice system by giving stronger stigmatization to children who are in conflict with the law and so it is not in accordance with the purpose of diversion in The Beijing Rules. So the diversion provisions in the Child Criminal Justice System Law do not yet reflect the principle of child protection as mandated by the Child Protection Act and the Child Criminal Justice System Law. Where the diversion in the Child Criminal Justice System Law has not fully mandated the principle of the best interests of children viewed from the perspective of child protection, with a view of all issues by placing the child's position as first and foremost.
Highlights
In Indonesia's positive law, protection of children's rights can be found in various laws and regulations, as stipulated in Presidential Decree No 36 of 1990 on August 25, 1990, which is a ratification and convention of the UN Convention on the Rights of the Child (Convention of the rights of the child), Law No.[4] of 1979 concerning Child Welfare, Law Number 23 of 2002 concerning Child Protection[1] aw Number 39 of 1999 concerning Human
Development of existing legal systems in Indonesia discussing children's problems who are dealing with the law with presenting the concept of diversion as an embodiment from restorative justice.[2]
The principle of child protection is primarily about the principle of nondiscrimination which prioritizes the best interests of the child and the right to life, survival, and development so that it is necessary to respect the opinion of children.[4] as far as possible be avoided from the criminal justice process
Summary
Based on the Convention on the Rights of the Child[10] which was later adopted in Law Number 23 of 2002 concerning child protection. "regardless of race, color, sex, language, religion, political opinions or other opinions, citizenship, national or social origin, wealth, disability, birth or other status of the parent or legal guardian of the child. It means that there is no difference in giving children's rights. Listed in article 3 paragraph (1) of the Convention on the Rights of the Child, which means that if the ruler of a country makes decisions that affect children, the first consideration is that all human beings must be based on the best interests of the child. The influence of peers can have an impact on changes in the behavior.[12]
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
