PENERAPAN DISVERSI TERHADAP PENYELESAIAN TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK DIBAWAH UMUR (STUDI KASUS DI POLRES TEBING TINGGI)

Abstrak

Children need to be protected from the negative impacts of rapid development, globalization in the field of communication and information, advances in science and technology, as well as changes in the style and way of life of some parents that have brought about fundamental social changes in people's lives that greatly affect the values ​​of society. and child behavior. In the beginning, child protection had not been regulated by a special law but was in the Criminal Code which only contained part of it, including Article 45, 46, and 47 of the Criminal Code and other articles, namely Article 39 paragraph (3), Article 40 and Article 72 paragraph (2) of the Criminal Code, which is shown to protect the interests of children. Diversion is a concept to realize restorative justice which lies in the judicial process itself, more specifically, namely how to make reconciliations or agreements between parties involved in juvenile criminal cases so that diversion can be carried out. The readiness of agencies related to the implementation of diversion can be seen from the following factors: 1) the implementation rules and 2) human resources. First, that with the enactment of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which became a guideline for agencies (Police, Prosecutors and Courts) related to the implementation of diversion