Abstract
This chapter examines the diversion practice for perpetrators of child crimes in Indonesia. Diversion is a form of legitimacy in resolving child problems as perpetrators of crimes outside the court; this is done because the child is still in the developmental stage. Children must be protected and receive special treatment; the state must protect and treat them differently from adults. This chapter will present qualitative data in the form of experiences in solving the problems of child offenders through diversion to achieve restorative justice. Deliberation between the victim's family and the perpetrator is a potentially viable solution for children. The goal is to find a fair resolution. Diversion takes away the motivation to retaliate against child offenders. Thus, diversion is a desirable option to resolve legal issues to achieve justice that prioritizes the interests of children.
TopIntroduction
The diversion for child perpetrators must be carried out with a deliberation approach between child criminals and victims. The diversion program must be implemented because the child is developing (Santrock, 2010). Children must be protected and get special treatment to grow well according to their developmental stages. Some children are forced to face the law, so the state must protect and treat them differently from adult offenders. Children should not be punished or imprisoned because it psychologically interferes with their development. Children will also face social stigma if jailed (Abrams et al., 2021).
Juvenile courts seek the best outcome when resolving juvenile criminal cases. Restorative justice approaches must be prioritized in dealing with child criminals (Kirkwood & Hamad, 2019). Restorative justice is deliberation to solve the problem of children as perpetrators of crime by involving the victim and the perpetrator wisely. The goal is to seek a fair and wise solution jointly. This goal emphasizes togetherness in solving the problems of child criminals fairly. The diversion program emphasizes the recovery of children who have committed crimes before. The diversion program avoids the element of retaliation. One of the processes to deal with the problem of child criminals (Mueller-Smith & T. Schnepel, 2021).
Indonesia passed a juvenile justice system law in 2012, enacted in 2014. If a child behaves criminally, then the law allows for diversion. This method is expected to be the best solution to protect children from imprisonment. Diversion is a solution to the problem of children behaving criminally outside of criminal justice (Sawh et al., 2022). The purpose of diversion is to bring together child victims and perpetrators (Johnson et al., 2019) through deliberation. Diversion makes children not lose their independence while instilling a sense of responsibility and encouraging the community to participate in solving these social problems.
Diversion does not apply to all crimes committed by children. Diversion is applied to child criminals whose punishment is less than seven years. If the offence is repetitive, diversion cannot be carried out. The age of children who can be applied for diversion is 12 years to 18 years. Parties involved in the diversion consultation include child criminals, child victims, police, correctional workers, social workers, community leaders, and other parties deemed necessary to reach an agreement.
Diversion must be carried out at all stages of the sentencing process, namely investigation, prosecution, and trial of children (Dalimunthe & Maerani, 2021). If diversion is not carried out at one level, it will threaten administrative sanctions for officials. Violation of the diversion legislation will result in criminal sanctions for investigators, public prosecutors, and judges. There is a criminal threat for authorized officials if they intentionally do not carry out diversion. The parties must sign the hobby that results in an agreement. The agreement is then submitted to the district attorney's office to issue a letter of termination of prosecution.
The purpose of diversion is to achieve peace outside the legal system to protect children (Desai, 2020). Child criminals are victims of the surrounding environment. Many factors are behind children committing criminal acts, including education, age, child association, and social environment. Thus, diversion is the best way to resolve legal issues to achieve justice that prioritizes children's rights (Smith, 2020).
This chapter will describe the experience of correctional workers in dealing with child criminals through diversion. The purpose of this chapter is to contribute literature to academics and practitioners on the practice of diversion for child offenders. In particular, the objectives of this chapter include the following:
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Describe the process of implementing diversion for child offenders more broadly.
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Describe the level of implementation of diversion for perpetrators of child crimes.
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Identify stakeholders involved in implementing diversion for child offenders.
Key Terms in this Chapter
Law no. 11 of 2012: UU no. 11 of 2012: The juvenile criminal justice system law applies in Indonesia, which regulates the entire process of resolving cases of children in conflict with the law, from the investigation stage to the coaching stage after serving a crime.
Correctional Worker: Law enforcement functional officials who carry out community research, guidance, supervision, and assistance to children in the community inside and outside the criminal justice process.
Social Worker: Someone who works, both in government and private institutions, who has the competence and profession of social work as well as concern for work social work obtained through education, training, and practical experience of social work to carry out the task of serving and handling children's social problems.
The Juvenile Criminal Justice System: The whole process of resolving cases of children dealing with the law, from the investigation stage to the mentoring location after undergoing criminal.
Children in Conflict with the Law: Children who are 12 years old but not yet 18 (eighteen) years old are suspected of committing a crime.