Cepalo (Mar 2023)

DIVERSION IN THE SETTLEMENT OF CRIME THEFT BY MINOR AT TANJUNG KARANG DISTRICT COURT

  • Daffa Ladro Kusworo,
  • Maghfira Nur Khaliza Fauzi

DOI
https://doi.org/10.25041/cepalo.v7no1.2855
Journal volume & issue
Vol. 7, no. 1
pp. 29 – 38

Abstract

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This research examines the implementation of Diversion strategies, which address cases involving child perpetrators outside the judicial process while aiming to protect their legal rights and future interests. Specifically, it focuses on the application of diversion in cases of child theft at Tanjung Karang District Court in 2022. Out of 11 theft cases, diversion was attempted in three, but only one was successfully resolved through this process. The research identifies several obstacles that hinder the effectiveness of diversion, including victims' disagreement with the diversion agreement, disputes over compensation amounts, and varying interpretations of the process among law enforcement officials. Utilizing a normative legal approach, this research relies on applicable legal statutes and a review of relevant literature, including books and journals. Data for this qualitative analysis were collected from diverse sources and examined meticulously, providing a detailed insight into the factors affecting the success of diversion at Tanjung Karang District Court. The findings highlight the need for standardized procedures and better alignment among stakeholders to enhance the success rates of diversion programs in similar legal contexts.

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