Analisis Hukum Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Pencurian Sepeda Motor (Studi Penetapan Nomor.03/Pid.Sus-Anak/2015/PN-Rap)

Abstract

The concept of diversion is the concept to divert a case of formal processes to the informal process. The switching process is intended to provide protection to children in conflict with the law. This type of research in this thesis is a normative legal research. This study aimed to examine the legal arrangements related to the diversion of the Perma No. 4 of 2014 on Guidelines Diversi Children in the Criminal Justice System. To examine obstacles in the implementation of diversion undertaken in the State Court Rantauprapat, and what is done in an effort to overcome these barriers and to assess the child offender diversion of legal policy motorcycle theft case study in the District Court Rantauprapat. Rules of the Supreme Court of the Republic of Indonesia Number 4 Year 2014 on Guidelines for the Implementation of Diversion In Criminal Justice System Child, in konsiderannya, Rules of the Supreme Court is based upon Article 5 to Article 14, Article 29, Article 42 and Article 52 paragraph (2) to paragraph ( 6) Act No. 11 of 2012 on the Criminal Justice System Son shall make Diversi at the level of investigation, prosecution, and the case investigation Children's Court with emphasis on Restorative Justice approach. Law No. 11 of 2012 on the Criminal Justice System Children are not clearly regulating the procedure has not been clearly regulating the procedures and stages of the process of diversion. PERMA presence is expected to help especially Hakim as a facilitator Diversi the best effort to the child as a criminal. In the implementation of the District Court Diversion Rantauprapat, internally also encountered resistance is not a deep understanding of the content of Perma No. 4 of 2014 on Guidelines Diversi Children in the Criminal Justice System, so that it will be difficult. barriers externally one of which is the cooperation of other agencies related to the implementation Diversi not run well. Efforts are being made related to grasp yet deep in the District Court Rantauprapat is party to disseminate to the Court of Justice tentan Diversi and Perma No. 4 of 2014 on Guidelines Diversi Children in the Criminal Justice System. Implementation of diversion undertaken in the State Court Rantauprapat. Penal sanctions, on the Determination No. 03 / Pid.Sus Children / 2015 / PN.RAP, assign the child is returned to the parent / guardian, in accordance with the agreement Diversion. Non Penal sanctions, an agreement which is essentially a diversion of the parties to conciliate, that children and their parents have given u1ang cash amounting to Rp. 1.000.000, - (one million rupiah) to the victim in order to replace a section / body motor tricycles and residual losses of Rp. 500,000, - (five hundred thousand rupiah) will be paid in installments in accordance with the child's parents capabilities.