Legal Literacy - This article discusses in depth about Diversion in the Juvenile Criminal Justice System in Indonesia.

Restorative Justice in Juvenile Criminal Cases

Indonesia is entering a new era in the Indonesian criminal law system. The renewal of Indonesian criminal law has led to many developments, one of which is restorative justice (restorative justice) as a criminal law paradigm that emphasizes the goal of achieving justice through recovery and improvement of the situation after a criminal event. Restorative justice emphasizes justice with retaliatory efforts, while restitutive justice emphasizes justice on compensation. Views on a crime also differ between retributive justice (crime is formulated as a violation against the state) and restorative justice (crime is formulated as a violation of one person against another). Therefore, this writing will discuss in detail everything about diversion in juvenile criminal law.

In this case, government officials are expanded as widely as possible their authority through discretionary efforts as stipulated in Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia. Of course, law enforcement officials through discretionary efforts can take authority in a criminal act with a certain action to stop or continue through a policy that has been made. In addition, the diversion system is an obligation that must be carried out in the juvenile justice process as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (hereinafter referred to as the UU SPPA).

Children are the nation's generation in the future who will continue the relay of a nation's government, therefore of course there must be regulations on special legal protection for children. The Convention on the Rights of the Child (Convention on the Rights of the Child) which has been ratified in Presidential Decree Number 36 of 1990, Law No. 4 of 1979 concerning Child Welfare and Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. All of these regulations seek to protect children's rights with general principles, namely non-discrimination, respecting children's participation, paying attention to children's survival, and prioritizing the best interests of children's welfare.