Pelaksanaan Diversi oleh Jaksa Penuntut Umum di Kejaksaan Negeri Padang Terhadap Anak yang Melakukan Tindak Pidana Penganiayaan
Abstract: Crimes committed by
children one of them is a criminal act of persecution, the child who committed
the crime of persecution are given protection by the law is to resolve the case
of the child through the process of diversion. Namely the transfer of the settlement
diversion of children from the criminal justice process to outside the criminal
court process. As stipulated in Article 1 paragraph 7 of Law No. 11 of 2012 on
the Criminal Justice System Child (Law SPPA). Diversion process must be
conducted at the level of investigation, prosecution, and courts. In the
prosecution level Prosecution did diversion before bestowing his case to court.
Formulation of the problem is 1) How is the implementation of diversion by the
Public Prosecutor against children who commit criminal acts of persecution? 2)
Are the constraints faced by the public prosecutor in conducting the diversion
of children who committed the crime of persecution. This type of research is
juridical sociological. Data sources include primary data and secondary data.
Data were obtained through interviews and document study. The collected data
were analyzed qualitatively. It can be concluded 1) The State Attorney Padang
diversion by starting with the transfer of the case by the investigator to the
prosecutor until the special prosecutor ordered the child to process cases
including conducting diversion. 2) Obstacles encountered is the lack of
personnel trained prosecutors with regard to the implementation of the
diversion to the public prosecutor in charge of children as child prosecutor
and the difficulty of receiving diversion, especially on the part of the
victim.
Penulis: Selvia Dewita Dewita,
Yetisma Saini, Rianda Seprasia
Kode Jurnal: jphukumdd151285
