Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-6 | Issue-10 | 398-404
Original Research Article
Legal Reconstruction of Diversion Based on Justice Value
Gunarto, Sudiharto, Sri Endah Wahyuningsih
Published : Oct. 11, 2021
Abstract
The nature of diversion regulation in Indonesian law from the provisions of Article 7 paragraph (2) letter a of the Juvenile Criminal Justice System Law (SPPA) is ambiguous because it only applies to a crime punishable by imprisonment under 7 years and yet it was made to protect children's right when facing the law. This urges the author to research the weaknesses of this law and what legal reconstruction it needed to reach justice value. This research is a Juridical-Empirical type of research that is used to examine the function of a norm that lays the law as an instrument that applied to society. The analysis used in this research is descriptive-qualitative. The result shows that The weakness that arises in the regulation of diversion with the juvenile criminal justice system lies in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System especially in Article 7 Paragraph 2 point a which postulates that the act must be subject to legal sanctions if the arrangement is in the laws and regulations so that the application of legislation becomes rigid and less flexible as the cases must go through Courts and Criminal Implementing Body (Lapas) as required by law, where because these institutions lack synergy, the processing takes time. This condition is also further worsened with the fact that legal awareness in the community is still not good in realizing justice for all parties, even though the term restorative justice has been circulated in the Indonesian Criminal Justice system. In order to solve this, Reconstruction of the diversion regulation is neded to suit the value of justice which is in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System Article 7 Paragraph 2 point a.