The Formulation Policy for the Regulation on the Implementation of Diversion which Reflects the Principles of Protection and Welfare for Children Conflicting against the Law in the Future

Abstract

Child is an integral part of the life of human being as well as an important element for the existence of the nation and the state.  This important role leads to the adoption of the explicit statement in the constitution says that every child has the right for life, grow and mature as well as the rights for protection from violence and discrimination (Article 28 B point (2) of the Constitution 1945 of Indonesia.During their growing process, sometimes children involve in legal problem, such as committing crime. Diversion is internationally recognized as a way to handle children case which can give legal protection for them because it can prevent children from being stigmatized by the process of  criminal justice for children.  Diversion is regulated in the Law on Criminal Justice Process for Children, but the process stipulated in the Article 7 point (1) is also conducted by the investigator, prosecutor and the judge. This causes negative impact in the form of stigmatization against children.

Referring to the result of research and discussion, the formulation policy for the regulation on the implementation of diversion which reflects the priciples of protection and welfare for children conflicting against the law in the future can be recommended based on some provisions concerning children, which in essence provides an opportunity for member states to deal with children in conflict with the law outside the juvenile criminal justice process; some of the legislation governing the Australian state of diversion outside the criminal justice system  implementation of the child; conditions of handling children in conflict with the law are dealt with implementation of diversion outside criminal justice system of children; some of the legislation governing the Australian state stages of implementation of non-fee diversion children.

Keywords : Formulation policy, Diversion, Protection and Welfare, Child Conflicting Against the Law.