The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System

The aim of this research is to analyze the application of diversion in restorative justice in the Juvenile Criminal Justice System. The type of research carried out is descriptive research with a normative legal research type related to the application of diversion in restorative justice in the criminal justice system. The results of the research show that the implementation of diversion in restorative justice in the system of implementing diversion for children who are in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children who are in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and their victims or families, but rather a form of punishment for children in conflict with the law in an informal way. The recommendation in this research is that law enforcement officers, in carrying out their duties of investigation, prosecution, examination and determining case decisions at court hearings, should prioritize the application of diversion as an alternative to the application of imprisonment. There needs to be massive outreach regarding diversion to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.

Background: The juvenile criminal justice system has evolved to incorporate restorative justice (RJ) practices, which emphasize repairing harm and rehabilitating offenders through dialogue and reconciliation. The implementation of RJ in juvenile justice systems aims to provide an alternative to punitive measures and encourage offenders to take responsibility for their actions while addressing the needs of victims and communities. Despite its promise, the effectiveness of RJ in reducing recidivism and promoting positive outcomes for juvenile offenders remains underexplored. Objective: This study aims to evaluate the effectiveness of restorative justice practices in the juvenile criminal justice system, focusing on recidivism rates, victim satisfaction, and the rehabilitation of juvenile offenders. The research seeks to assess whether RJ methods contribute to better long-term outcomes compared to traditional punitive approaches. Method: A mixed-methods approach was employed, combining quantitative analysis of recidivism rates and qualitative interviews with juvenile offenders, victims, and justice system professionals involved in RJ programs. Results: The findings show that restorative justice significantly reduces recidivism rates and improves victim satisfaction. Juvenile offenders reported feeling more accountable for their actions, and communities experienced a greater sense of justice and restoration. Conclusion: Restorative justice practices prove to be effective in the juvenile criminal justice system, offering promising alternatives to traditional punitive methods. Policymakers should consider expanding RJ programs to further enhance rehabilitation and community healing.

The increasing number of juveniles encountering the legal system in Indonesia underscores the need for a more effective approach within the juvenile criminal justice system (SPPA). Restorative Justice (RJ) has been adopted as an alternative to the conventional punitive-oriented judicial system. However, the implementation of RJ in Indonesia continues to face several challenges, including a lack of understanding among law enforcement officers, limited rehabilitation facilities, and minimal victim participation in the resolution process. This study aims to analyze the effectiveness of RJ in resolving juvenile criminal offenses in Indonesia while identifying the challenges and strategies for improving its implementation. The research employs a normative and empirical legal approach, utilizing case studies of juvenile offenses resolved through RJ. Data is collected through interviews with law enforcement officials, victims, and offenders, as well as an analysis of relevant regulations, such as Law No. 11 of 2012 on the Juvenile Criminal Justice System. Findings reveal that over the past five years, the average success rate of RJ in resolving juvenile cases in Indonesia has reached 60%, with a 45% reduction in recidivism rates compared to the formal judicial system. However, obstacles such as inadequate legal training for law enforcement personnel and limited rehabilitation facilities remain significant challenges in RJ implementation. This study contributes to policy reform discussions on juvenile justice in Indonesia by recommending capacity-building initiatives for legal practitioners and strengthening victim engagement mechanisms in the RJ process. Additionally, it highlights the need for increased investment in rehabilitation infrastructure and further research into the application of RJ in addressing the rising cases of cyber-related offenses among juveniles

The policy of diversion in the juvenile criminal justice system is a step forward in criminal law that aims to shift the resolution of children's cases from the formal judicial path to a restorative approach. This policy is based on the principle of the best protection for children and children's rights as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This study aims to analyse the legal basis, implementation, and challenges faced in the application of diversion in Indonesia. The research method used is a normative approach with a study of legislation and legal concepts. The results show that diversion is an effective mechanism for reducing the adverse effects of the judicial system on children and supports the achievement of restorative justice. However, in practice, obstacles are still found, such as a lack of understanding on the part of law enforcement officials, differences in the interpretation of legal provisions, and limitations in supporting facilities and infrastructure. Therefore, cooperation between various parties, including law enforcement officials, the community, and families, is needed to ensure the effectiveness of the diversion policy in the child criminal justice system in Indonesia. Keywords: Diversion; Juvenile Criminal Justice System; Restorative Justic

This study aims to examine the legal protection of the rights of children in conflict with the law, particularly in preventing power intervention within the juvenile criminal justice system in Indonesia. The background of this research is based on the prevalence of injustices faced by children due to weak oversight in the implementation of regulations, such as Law Number 11 of 2012 on the Juvenile Criminal Justice System and Law Number 35 of 2014 on Child Protection. The main issue raised is the gap between legal norms and their practical application in the field. The research methodology employs a normative and empirical juridical approach. Data were collected through document studies, in-depth interviews with law enforcement officers, children's families, and legal experts, as well as case study analyses, such as the case of Vina Dewi Arsita in Cirebon. The findings reveal instances of power abuse that harm children and highlight the weak implementation of restorative justice and rehabilitation principles within the juvenile criminal justice system. This study recommends a more effective legal protection model based on restorative justice, involving collaboration between law enforcement, government, families, and communities. It is hoped that this model will enhance transparency, justice, and the protection of children's rights.

Children’s rights are specifically different from adult human rights. In all circumstances the rights of children must take precedence over other interests, namely the existence of legal protection for them and the existence of special protection aimed at children who violate the law. Act No.11 of 2012 on the Juvenile Criminal Justice System requires restorative justice efforts as a form of protection for children, which emphasizes restoring the harm caused or incurred by criminal acts. Restorative justice has long been practiced in indigenous community of Indonesia, i.e. where a criminal act occurs by its citizens (including juvenile delinquency), the dispute settlement is conducted within the indigenous community internally without involving the State apparatus. The formulation of the problem is, firstly, how is the policy of restorative justice formulation of juvenile criminal justice system in handling the juvenile with conflict of law, secondly how is implementation of restorative justice of juvenile justice system by customary court in Makassar. The results of the study indicate that customary court in Makassar has legal and cultural characteristics, moral values that can solve problems by deliberation, involving various parties in litigation such as in restorative justice mechanism in the juvenile criminal justice system.

Mental Health and the Juvenile Justice System: Where Has History Taken Us?

The Laws and Regulations governing the Juvenile Criminal Justice Process are still discriminatory against Juvenile Law Enforcers, because there are requirements to become a Special Child Advocate as with other Law Enforcers who must be certified as Juvenile Law Enforcers. This study aims to analyze the requirements for advocates in child cases in the juvenile criminal justice system and the requirements for advocates in child cases in the juvenile criminal justice system in the future. The research method uses a normative legal approach method by conducting a study of the law. The results of the study show that Advocates in Child Cases in the Juvenile Criminal Justice System are not burdened with special requirements related to the specificity of children like other law enforcers and Advocates in the future must have an interest, attention, dedication, and understand the problems of Children and have attended technical training on Juvenile justice as a requirement to become a child advocate. This is to ensure the specialization of Advocates in the future as realizing the expression, "Non multa sed multum" not quantity but quality. The implication is that there needs to be specialization in the Advocates profession, especially in handling children's cases in the juvenile criminal justice system so that the handling of children's cases in the juvenile criminal justice system can be of better quality in the future.

This thesis research aims to analyze the compensation mechanism in the SPPA Law through a restorative justice approach in the Juvenile Criminal Justice System, as well as to analyze the application of compensation in restorative justice in the Juvenile Criminal Justice System. This research is normative empirical research in conducting research, the author conducts field research by choosing the research location of Pinrang Police, Pinrang District Attorney. The results showed that 1) Restorative justice or justice or deliberation-based justice is a process of Diversion, where all parties involved in a criminal offense must jointly overcome problems and create an obligation to make things better by involving victims, children, and the community in finding a solution to repair, reconciliation, and reassurance that is not based on retaliation. The criminal justice process carried out by law enforcement officials if the child offender is proven guilty, ideally and should be sentenced to return to parents. Efforts to implement the law's order that imprisonment of children is the last resort (ultimum remedium) should also be in line with the understanding that the best decision is the action to return the child offender to his parents to be educated and fostered properly. 2) The application of restitution through restorative justice in the Juvenile Justice System is determined by the agreement of the parties to achieve peace. After compensation is paid, the criminal case committed by the child is truly declared over, as evidenced by a certificate signed by the parties. In the process of deliberation or mediation on behalf of witnesses or relatives, but in its implementation there are often obstacles due to law enforcement factors and community factors. For this reason, it is necessary to have specific legal arrangements in the legislation regarding the amount of compensation that is the obligation of children as perpetrators of criminal acts against victims by adjusting the hierarchy of punishment imposed in order to ensure legal certainty.

ABSTRACT
 Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the future of the child is prioritized as the next generation and considering that psychologically children are still not worthy of dealing with the law.
 Keywords: Diversion, Juvenile Criminal Justice System, Theft.

Restorative justice in handling juvenile delinquent occurs because of the juvenile justice system growth. The increasing number of institutions that guarantee the rights of children in juvenile delinquent at the courts has led more implementation of the criminal justice system that applies restorative justice. Alignment between the 2000 UN declaration as the main principles regarding the use of restorative justice programs in criminal matters, the Vienna Declaration on crime and justice, the XI UN congress in 2005 on crime and criminal justice as a basis for researchers who passionate to examine how philosophical concept of restorative justice in juvenile delinquent and how the mechanism for applying restorative justice in juvenile delinquent uses normative juridical research. After conducting research, the philosophical concept of restorative justice in handling juvenile delinquent can be seen from before the rise of Law Number 3 of 1997 concerning Juvenile Court which refers to the provisions of the Criminal Code Articles 45, 46, and 47 which contain the authority of judges in making decisions regarding types of crimes, types of punishment and the length of punishment for children, Law Number 3 of 1997 concerning Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In line with the philosophy of the mechanism for the application of restorative justice in handling juvenile delinquent, there are several regulations in Indonesia such as the Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling of Children who have not 12 years old and a certificate from the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 dated 22 December 2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts.

The restorative justice approach in the juvenile criminal justice system in Indonesia is an effort to create more humane justice by restoring relationships between perpetrators, victims and society. This study aims to analyze the effectiveness of implementing restorative justice in the juvenile criminal justice system in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research method used is a normative and empirical juridical approach by examining primary and secondary legal data, as well as interviews with law enforcement officials.The research results show that restorative justice has a positive impact in reducing the negative impacts of the justice process on children, such as stigmatization and barriers to social reintegration. However, its effectiveness is still hampered by a lack of understanding of law enforcement officials, a lack of supporting facilities, and low community involvement. To improve the implementation of restorative justice, intensive training is needed for law enforcement officers, strengthening the role of community institutions, as well as outreach to victims and the community regarding the benefits of this approach. It is hoped that this research can become a reference in developing policies that are more effective and oriented towards child protection in the criminal justice system in Indonesia.

Children in conflict with the law constitute a vulnerable group that requires special legal treatment to safeguard their rights and mitigate the adverse effects of criminal proceedings on their physical, psychological, and social development. In Indonesia, this protection is primarily governed by Law Number 11 of 2012 on the Juvenile Criminal Justice System, which prioritizes restorative justice and diversion as the main approaches for resolving juvenile cases. This study examines the regulatory framework, implementation, and effectiveness of legal protection for children in conflict with the law, with particular attention to the application of restorative justice and diversion and the fulfillment of children’s rights at each stage of the criminal justice process. The research employs a normative juridical approach, supported by empirical case data from the West Java High Prosecutor’s Office covering 2022–2024 (n = 788), with cases predominantly involving boys. The findings indicate that although the existing legal framework provides relatively comprehensive safeguards, implementation remains suboptimal due to inconsistent application of norms, weak inter-agency coordination, and limited social support for rehabilitation and reintegration. Strengthening institutional coordination, improving procedural compliance, and expanding community-based support are therefore essential to enhance the effectiveness of child protection within the juvenile justice system.

The purpose of this study is to determine the role of the prosecutor against recidivist child offenders in Decision Number 23/Pid.Sus-Anak/2024/PN Smg. The research method uses an empirical and sociological juridical approach that examines the effectiveness of the application of law through analysis of regulations, social values, and the practice of handling children's cases. The results of the study explain that the role of prosecutors in the juvenile criminal justice system against recidivist child offenders in the Semarang District Attorney's Office is very important and takes place thoroughly from the investigation stage to prosecution. Prosecutors not only carry out the prosecution function, but also actively examine the completeness of case files, evaluate the results of the litmas from Bapas, and consider psychological, social factors, and the potential for child recidivism. Prosecution is carried out proportionally with a restorative and rehabilitative justice approach, paying attention to the principle of the best interest of the child, and applying disparity in charges between recidivist and non-recidivist child offenders. Obstacles in the form of time constraints and lack of family support are challenges, but case resolution is still pursued quickly, fairly, and in favor of the protection and social recovery of children. These findings indicate the urgency of improving the handling of recidivist child offenders, which requires a more comprehensive and adaptive update of the SPPA Law, as well as the issuance of prosecutor regulations as official guidelines based on restorative justice and the principle of the best interests of the child.

The purpose of this study is to examine and analyze the implementation of diversion and its obstacles in handling cases of criminal acts of violence against children in conflict with the law. In this writing, the author uses the Sociological juridical method or an approach with direct surveys in the field and secondary data through library studies with research specifications in the form of descriptive analysis. One of the efforts to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the diversion of children in conflict with the law. protection of children in conflict with the law, namely through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The existence of the Law on the Criminal Justice System in its implementation there is a requirement to uphold justice for children in conflict with the law, namely by implementing restorative justice as one method of resolving child cases in Indonesia. The purpose of such juvenile justice is operationally played by law enforcement officers, in this context to law enforcement officers as regulated in Law No. 2 of 2002 concerning the Indonesian National Police is given the widest possible freedom and in all examination improvements to exercise discretion. The implementation of diversion is motivated by the desire to avoid negative effects on the soul and development of children by their involvement with the criminal justice system. The implementation of diversion by law enforcement officers is based on the authority of law enforcement officers called discretion; is the authority of law enforcement officers who handle criminal cases.