Reconstruction of Diversion Regulations in a Juvenile-Crime System Based on Justice Value

Abstract

The purpose of this research is to analyze and examine: 1) the regulation of diversion requirements in the current juvenile criminal justice system is not based on the value of justice; 2) weaknesses in the regulation of diversion requirements in the juvenile criminal justice system which is currently not based on the value of justice; 3) reconstruction of diversion requirements regulations in the juvenile criminal justice system based on the value of justice. This research is a qualitative research, with a sociological juridical approach, descriptive analysis, using primary data and secondary data, using the Grand Theory: Lawrence M. Friedman's Legal System Theory and Pancasila Justice Theory; Middle Theory: Law Enforcement Theory Soerjono Soekanto; and Applied Theory: Progressive Legal Theory Satjipto Rahardjo. The research findings are: (1) The regulation of diversion requirements in the juvenile criminal justice system is not currently based on the value of justice because the regulation of diversion requirements in children's cases is contrary to the values of Pancasila justice, and in the perspective of legal norms, the diversion requirement with restrictions is punishable by imprisonment under 7 (seven) years is discriminatory compared to the case of adults who can mediate or peacefully are limited by criminal threats, (2) The weakness of the regulation on diversion requirements is not based on the value of justice, because the regulation on diversion requirements is regulated in Article 7 of Law Number 11 of the Year 2012 concerning the Juvenile Criminal Justice System is discriminatory between child cases and adult cases. (3) Reconstruction of the regulation on diversion requirements in Article 7 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System based on the value of justice, especially paragraph (2) whose initial phrase reads Diversion as referred to in paragraph (1) is carried out in the case of a crime committed: threatened with imprisonment under 7 (seven) years; and is not a repetition of a crime. Reconstructed into Diversion as referred to in paragraph (1) is carried out in the event that the crime committed is not a repetition of a crime.