Diversion Formulation for the Repetition of Crimes Done by Children

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


The purpose of this research is to study and analyze and formulate diversion arrangements for repetition of crimes committed by children that reflect the principle of protection for children in the future. This research is a normative legal research, which was done by researching library material, which was secondary data. The approach taken was the statute approach and the comparative approach. Based on the results of the study could be concluded as follows: based on an analysis of international conventions on children, as well as national legislation, then make comparisons with the countries of Thailand, Norway and the Philippines, and guided by the Indonesian ideology namely Pancasila then offered diversion regulations which are regulated in Article 7 of Law No. 11 of 2012 concerning the Criminal Justice System of the Child will be formulated as article 7: (1) At the level of investigation, prosecution, and examination of cases of children in the district court Diversion must be sought. (2) For criminal acts with a threat of more than 7 years, then diversion is not required.

Keywords: Diversion, Repetition, Child Protection.

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

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