The Implementation of Diversion in Children’s Lawsuits During the Investigation Stage

Waluyadi 1, & Moh.  Sigit Gunawan 2

https://doi.org/10.62271/pjc.16.4.837.853

Abstract

Restorative justice for children in legal disputes involves crime reparation. The law requires parties to cooperate to achieve justice. Police always start diversion investigations. The police decide the diversion’s success as the Criminal Court System’s gatekeeper. The diversion can be used throughout the criminal investigation. Diversion success impacts investigation time and cost. To manage diversion, Indonesian Police investigators must consider this. This research examines children’s lawsuit diversion during the investigation. Lawmakers’ legally binding products (laws in books) and investigators’ diversion verdicts are also covered in this research. The normative/doctrinal approach is used. Supporting data is primary and secondary. Interviews, documentaries, and literature reviews gather primary data. This study uses interactive qualitative analysis. In the investigation stage, “diversion” refers to the compliance with normative regulations and the consent of the perpetrators’ or victims’ families to avoid legal proceedings. This agreement serves as evidence that it is the most significant law. Opponents of the diversion desire a deterrent; they are concerned that perpetrators will commit crimes and believe that the court system fails victims.

Keywords: Diversion and Investigation