Reformulation Of Criminal Procedural Law Policies By Strengthening Diversion In Juvenile Criminal Cases In Indonesia

Abstract

This research focuses on the elaboration of aspects of reformulation of criminal procedural law policies in juvenile criminal cases in Indonesia. This study uses juridical-normative methods in assessing the complexity of the urgency of strengthening diversion efforts in juvenile justice criminal cases in Indonesia. The rise of cases of bullying, abuse, and harassment that occurs in educational institutions, especially elementary and junior high schools, should be one of the common centers of attention and require immediate resolution. The latent problem that continues to cause casualties every year, must be solved through policy engineering, including reformulation of the criminal procedural law policy. For this reason, the approach used is also certainly different, by still providing opportunities or relief for perpetrators according to the actions they do. The results of this study show that changes and renewals in formulations are imperative in order to restore the terms of diversion to the value of restorative justice and the principles of the juvenile criminal justice system. The limitation of the diversion requirement under the threat of seven years will narrow the priority granting of diversion. For this reason, the application of diversion should be expanded to all types of juvenile criminal cases as the first way of settlement. Criminal settlement through the courts is still used, but as a last resort after diversion, the process is sought.