IMPLEMENTATION OF DIVERSION IN THE SETTLEMENT OF CRIMINAL CASESCHILDREN IN CONFIDENCE UNDER THE LAWPRINCIPLES OFRESTORATIVE JUSTICE

ABSTRACT: This study investigates the implementation of diversion by the Indonesian National Police as a strategy for resolving cases involving children in conflict with the law. One of the challenges encountered by investigators from the Indonesian National Police (POLRI) pertains to the utilization of discretionary authority in their investigative processes. The present study investigates the implementation of diversion by the Indonesian National Police as a means of resolving cases involving children in conflict with the law. One of the challenges encountered by investigators from the Indonesian National Police (POLRI) pertains to the exercise of discretionary power in resolving cases involving juvenile offenders who face the possibility of imprisonment exceeding a duration of seven years. This issue arises from the provisions outlined in Law Number 11 of 2012, which governs the Juvenile Criminal Justice System in Indonesia. According to this law, the diversion of juvenile offenses is mandated only for those offenses that carry a maximum prison sentence of less than seven years. The present study employs a normative-empirical legal methodology, drawing upon primary and secondary sources. The process of data collection involved conducting interviews and conducting a study of relevant literature in libraries. The data were subjected to qualitative normative analysis techniques. This study applies the theory of restorative justice as a grand theory, justice theory as a middle-range theory, and legal protection theory as an applied theory to analyze the provided data. The findings of the study indicate that the implementation of diversion during the investigation phase lacks effectiveness and efficiency in adhering to the principles of justice, namely simplicity, expediency, and cost-effectiveness. This is primarily attributed to the bureaucratic nature of the diversion procedure, as well as the complex and administratively challenging mediation process, which involves numerous elements. Furthermore, it is worth noting that the Indonesian National Police (POLRI) investigators possess the ability to pursue diversion as a course of action in cases involving juvenile offenses. This particular measure is applicable even in situations where the offense carries a potential prison sentence exceeding seven years. The discretionary authority exercised by law enforcement officials in this regard is justified by the absence of explicit provisions within the SPPA Law that explicitly prohibit the application of diversion for criminal acts that are punishable by imprisonment for more than seven years. However, the utilization of police discretion in this particular scenario must adhere to the restrictions, prerequisites, or standards for implementing restorative justice as outlined in the Chief of Police Circular Number SE/8/VII/2018, which pertains to the utilization of restorative justice in the resolution of criminal cases.

KEYWORDS: Discretion, Children in Conflict with the Law, Diversion, Restorative Justice.