Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Kekerasan Fisik

Abstract

Diversion is the transfer of the settlement of children's cases from the criminal justice process to a process outside the criminal justice system, because children have rights to be protected, so the handling of children's cases and adult cases is certainly different. Diversion is an alternative solution to prevent the negative impact of the judicial process on children's growth and development. This study aims to analyze the factors causing the rampant behavior of physical violence against children and the application of diversion to children who are perpetrators of physical violence. The method used is empirical juridical with a qualitative descriptive approach, based on data from primary, secondary, and tertiary legal materials. The results of the study show that the factors causing children to become perpetrators of physical violence are disharmonious family factors, social environment, promiscuity, lack of moral education in the school environment, psychological factors, social media, economic factors, weak enforcement of discipline and sanctions. Although diversion efforts have a clear legal basis, their implementation in the field still encounters various obstacles, both structurally and culturally. This is due to the low public understanding of diversion and the rejection of the victim towards the mediation process. In the case of a child with a police report Number: LP/B/335/IX/2024/SPKT/Resta Ambon/Polda Maluku, it shows that the perpetrators aged 15 to 16 years have met the requirements to be processed criminally, but diversion is still applied, which gives rise to an imbalance in justice. Therefore, the legal approach to children must be educational and proportional without ignoring the victim's right to obtain justice.