Gautama, Rachel Chelsia (2020) PELAKSANAAN DIVERSI DAN RESTORATIVE JUSTICE OLEH POLDA DIY TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Restorative justice is a way of handling criminal cases children outside the formal
legal path to guarantee and respect the dignity of the child, the best interests of the
child and taking into account justice for the victims. DIY Regional Police as an
investigator in the handling of child crime is required to conduct diversion through
restorative justice approach. The problems of this study used a knife analysis of
restorative justice theory and discretion theory. The application of diversion by the
investigator as a form of settlement of child crime through restorative justice
approach in DIY Regional Police in general has been in accordance with the
provisions of Law Number 11 Year 2012 on Child Criminal Justice System by
means of deliberation by involving victims, children, community in finding
solutions for reconciliation, and reassurance that is not based on retaliation.
Obstacles encountered by investigators in the application of diversion as a form of
settlement of child crime cases in the DIY Regional Police came from the families
of victims who wanted cases processed through the judicial system, the difficulty
of being invited for diversion meetings and the extortion mode against the
perpetrators. Other obstacles are the limitations of Breath officers and social
workers and the non-diversion agreement. To overcome these obstacles, the
Investigator approaches the victim's family, coordinates with Breathing and if there
is no diversion agreement then the case is transferred to the prosecutor's office.

Item Type: Thesis (S1)
Uncontrolled Keywords: diversion, restorative justice, investigation, child
Subjects: Ilmu Hukum > Peradilan dan Penyelesaian Sengketa Hukum
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Date Deposited: 25 Mar 2022 05:42
Last Modified: 25 Mar 2022 05:42
URI: https://repository.uajy.ac.id/id/eprint/26625

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