PENERAPAN DIVERSI PADA PENYELESAIAN TINDAK PIDANA PENCURIAN OLEH ANAK DI KEJAKSAAN NEGERI NGAWI

Authors

  • Fadilah Nur Setyaning Universitas Negeri Surabaya
  • Emmilia Rusdiana

Keywords:

Implementation of Diversion, Theft Crime, Juvenile

Abstract

Diversion in the Juvenile Criminal Justice System aims to resolve cases outside the formal court process using a restorative justice approach, in order to protect children's rights and prevent negative impacts of legal proceedings. This study analyzes the implementation of diversion in theft cases involving children at the Ngawi District Prosecutor's Office and identifies the obstacles faced. The research uses an empirical juridical method with a descriptive-analytical approach, based on interviews and literature studies. Referring to Law No. 11 of 2012 and the Attorney General’s Regulation No. PER-006/A/JA/04/2015, the study found that out of five child theft cases from 2023 to 2024, only one was successfully resolved through diversion. Key obstacles include a lack of prosecutors with expertise in juvenile justice, the offender’s inability to fulfill restitution demands, and weak post-diversion supervision. The study concludes that the success of diversion depends not only on fulfilling formal requirements but also on the genuine application of restorative justice principles.

 

Kata kunci: Implementation of Diversion, Theft Crime, Juvenile

Published

2025-07-08
Abstract views: 21

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