Abstract
Correctional Bureau (BAPAS) plays a very important and strategic role in child criminal case settlement. One form of the settlement is made through diversion, for child to avoid the bad impact of formal child criminal judicature. The research employed a juridical normative research method and statute approach and conceptual approach. The role of Bapas in child criminal case settlement through diversion is quite important and strategic as set forth in Law Number 11 of 2012 concerning Child Criminal Judiciary System, Government Regulation Number 65 of 2015 concerning the Guidelines on the Implementation of Diversion and Dealing with Under 12 (Twelve) Years Old Child, Regulation of Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning the Guidelines on Diversion Implementation in Child Criminal Judiciary System. The constraints found in the diversion implementation are related to remedy for victim and non-optimal post-diversion supervision by the Correctional Advisor of Correctional Bureau (PK Bapas).
Highlights
Child must be looked after well since they are the one who will carry on indonesia’s future
One form of the settlement is through diversion, for child to avoid the bad impact of formal child criminal judicature
It is apparent that Bapas’s role is very important in diversion implementation at court stage. It is mandatory for Correctional Advisor of Correctional Bureau (PK Bapas) to be present at child proceeding and before the proceeding starts, the judge instructs PK Bapas to submit its report on society research regarding the concerned child [27]. This confirms that Bapas’s role in court proceeding is important, and that in diversion implementation it is mandatory for PK Bapas to be present in order to give its view related to the situation and reality faced by the child that he commits the crime
Summary
Child must be looked after well since they are the one who will carry on indonesia’s future. Child is a subject of the society whose good and bad deeds are influenced by sociological factor, that anything arising in the society serves as their experience and teaching [10]. BAPAS (Correctional Bureau) plays a very important role in diversion implementation. Correctional Bureau (BAPAS) plays a very important and strategic role in child criminal case settlement. Each stage of diversion, including investigation, diversion at prosecution stage and diversion at court level, requires the role and optimal accompaniment of Correctional Bureau (BAPAS). Based on the background above, the research’s problems are: What is the role of BAPAS in settlement of child’s conflict with the law at investigation, prosecution and court examination stages? What are the constraints in settlement of child case in conflict with the law through diversion at investigation, prosecution and court examination stages? Based on the background above, the research’s problems are: What is the role of BAPAS in settlement of child’s conflict with the law at investigation, prosecution and court examination stages? And What are the constraints in settlement of child case in conflict with the law through diversion at investigation, prosecution and court examination stages?
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