Legislative Ratios for Multiple Prohibitions for Residential Children Law No. 11 of 2012 on the Child Criminal Justice System

Arfan Kaimuddin, I Nyoman Nurjaya, Masruchin Ruba’i, Nurini Aprilianda

Abstract


The purpose of this research is to study and analyze and find the ratio of legislation to prohibit diversion regulation for children. This research is a normative legal research, which is done by researching library material, which is secondary data. So the approach taken is the statute approach and the concept approach. This diversion is seen as providing protection for children. Based on the results of the study it can be concluded as follows: The ratio of legislation to formation Article 7 paragraph 2 point b Law No. 11 of 2012 concerning Children's Criminal Justice System is: (a) Diversion cannot be pursued because he has failed in the first diversion; (b) It has been agreed that recidivating funds for criminal acts with threats above 7 is not attempted diversion; (c) Diversion is proposed for minor cases; and (d) Diversion is sought for the first crime of the child.

Keywords: Diversity, recidivist, protection.


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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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