Dynamics of Non-Litigation Law Resolution in the Juvenile Criminal Justice System
DOI:
https://doi.org/10.57096/edunity.v3i11.332Keywords:
Diversion, Juvenile Criminal Justice System, Non-Litigation ResolutionAbstract
Handling children in conflict with the law in the juvenile criminal justice system
requires a more humane and restorative approach. The purpose of this study is to
analyze the application of diversion in the juvenile criminal justice system and identify
the challenges faced. This research uses normative legal research method with statutory
approach and case analysis. The results show that although diversion has been
regulated in the law, its implementation still faces various obstacles, such as lack of
understanding among law enforcers, community stigma towards children, and
resistance from the justice system itself. Efforts to overcome these obstacles include
education and socialization to the community as well as training for law enforcers. This
research underscores the importance of support from all relevant parties, including law
enforcement, the community, and the child's family, to ensure the success of the
diversion process. Better knowledge of the purpose and benefits of diversion can
reduce stigma and improve child rehabilitation. Diversion as an alternative to out-ofcourt settlement in the juvenile criminal justice system has great potential to protect
children from the negative impacts of formal legal proceedings. However, challenges
need to be overcome through education, training and community empowerment.
Support from families and communities is critical to the successful rehabilitation and
social reintegration of children in conflict with the law. With the right approach, it is
expected that the implementation of diversion can be more effective in achieving
restorative justice for children.
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