Abstract
Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.
Highlights
Indonesia is a constitutional country as stipulated in the Constitution of the Unitary State of the Republic of Indonesia Year 1945 especially in Article 1 paragraph
(2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law, lack of confidence of investigators; and external constraints: the passive law behavior of community members, closed family members of the suspect, lack of facilities and infrastructure, a different interpretation between the investigators and the correctional center about the term 'recidivist'
The discussion on children and their protection will never stop throughout the history of life, because they are the generation of nation and development, i.e. the generation prepared as the subject of the implementer of sustainable development and the control of the future of a country, including Indonesia
Summary
Indonesia is a constitutional country as stipulated in the Constitution of the Unitary State of the Republic of Indonesia Year 1945 especially in Article 1 paragraph. In the implementation of criminal justice system in Indonesia, it is still often found handling child crime cases which are not accompanied by legal protection, good guidance and guarantee on the implementation of the rights of children.
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