IMPLEMENTASI DIVERSI OLEH PENYIDIK TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK DI POLRES PASAMAN

Sari

Diversion is the transfer of the settlement of the Child's case from the criminal
justice process to a process outside the criminal justice. At the level of investigation,
prosecution, and examination of cases of children in the district court Diversion must be
sought. Diversion carried out in the event that a crime is carried out is threatened with
imprisonment under seven years and is not a repeat of a criminal act. The purpose of this
study was to examine the implementation of Diversion conducted by Investigators on
Children as Actors of Criminal Acts and examine what obstacles faced by investigators in
implementing Diversion on Children as Actors of Crime. The research was carried out
with empirical juridical research methods. Empirical juridical research is legal research
conducted to find solutions to problems of legal problems that contain the gap between
reality and what should be. Based on the results of the study it was found that the
implementation of diversion by investigators in completing criminal cases committed by
children in Pasaman Regency has not been carried out in accordance with Law Number 11
of 2012 concerning the Juvenile Justice System and is more likely to use the Restorative
Justice method / settlement of criminal cases with involving the perpetrator, victim, family
of the perpetrator or victim, and other related parties to jointly seek settlement. This is due
to the lack of supporting facilities and infrastructure so that it greatly influences the
performance of female and child service personnel in carrying out their duties in
investigating cases related to children.
Keywords: Diversion Implementation, Investigator, Child, Criminal Act