Mechanism for Resolving Cases with Penal Mediation

In short, here are the stages in the implementation of diversion:

1. Diversion efforts (offer)

Offering is an important process in interpreting diversion with a restorative justice approach, because the restorative process must be built from respect for the parties (perpetrators and victims) who will resolve the conflict arising from the criminal act.

2. Diversion deliberation

Diversion deliberation is a consultative forum where:

  • Victims will openly share their feelings and experiences about what they felt after the crime occurred, for example: the victim's difficulty in going to work as a courier when his motorbike was stolen by the perpetrator (Child), then the Child must be able to understand the victim's feelings. Victims can openly express their feelings to overcome the losses caused by criminal acts;
  • The community can understand the causes of crime and participate in preventing crime;
  • Children also gain insight into the impact of their behavior and take responsibility in a meaningful way to restore what they have damaged or the conflict that occurred as a result of their actions.

3. Diversion agreement

The Diversion Agreement must obtain approval from the victim and/or family of the victim as well as the willingness of the child perpetrator and his family. However, if the above does not result in an agreement, it can be done by investigators together with the perpetrator and/or his family, Community Advisors, and can involve community leaders. Meanwhile, if the Diversion Deliberation succeeds in reaching an agreement, the facilitator compiles and formulates it in the Diversion Agreement. The results of the Diversion agreement are stated in the form of a Diversion Agreement Letter.

The results of the diversion agreement can take the form of, among other things: peace with or without compensation for losses, return to parents/guardians, participation in education or training at educational institutions or Child Social Welfare Institutions (LPKS), and community service.