Legal Spirit (Nov 2024)
Anak Tersangka Tindak Pidana Pengeroyokan Di Tingkat Penyidikan
Abstract
In the resolution of criminal cases involving assault committed by minors during the investigation stage, it is mandatory for investigators to consider diversion for the juvenile suspects. The diversion efforts undertaken by investigators must align with the criteria set forth for diversion. This study aims to understand the implementation of diversion for juvenile suspects involved in assault cases at the investigative level. The research employs an empirical juridical method conducted through interviews. Data sources are derived from legal literature, law journals, and applicable legislation. The data analysis utilizes a qualitative approach. The research findings indicate that diversion efforts are crucial for juvenile suspects, taking into account the criteria specified in Law Number 11 of 2012 on the Juvenile Criminal Justice System. Guidelines for implementing diversion for juvenile suspects in assault cases at the investigative level within the Blora Police Resort are outlined in Government Regulation Number 65 of 2015 on the Guidelines for Diversion and Handling of Children Under the Age of 12. However, practical challenges in achieving successful diversion still persist in the field
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