Diversion is a process of resolving legal issues against criminal acts
committed by children outside criminal justice using a restorative justice approach
that involves perpetrators, victims, families of perpetrators/victims and other
parties to jointly seek solutions that are acceptable to the parties by emphasizing
on recovery and not retaliation for the best interests of the child so that the child
can be avoided from deprivation of liberty and the child can re-enter the community
properly. In Law Number 11 of 2012 concerning the Juvenile Criminal Justice
System, it has been regulated regarding the application of diversion to children in
conflict with the law, that at the level of investigation, prosecution, and examination
of cases children must be sought for diversion. In the best interests of children,
efforts to resolve child cases through diversion using a restorative justice approach
are very suitable to be applied, even though in the Law on the Juvenile Criminal
Justice System, Government Regulation of the Republic of Indonesia Number 65 of
2015 concerning Guidelines for Implementing Diversion and Handling of
Underage Children 12 (twelve) years, and Supreme Court Regulation Number 4 of
2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal
Justice System does not regulate diversion of Children who are threatened with imprisonment of 7 years and over.