PEMAHAMAN HAKIM TERKAIT PENERAPAN DIVERSI DALAM PENYELESAIAN PERKARA PIDANA ANAK DI PROVINSI RIAU

Abstract

One of the main problems in enforcing criminal law in Indonesia today is overcapacity in correctional institutions, so it is deemed necessary to find various solutions to solve this problem, including the application of diversion in the juvenile criminal justice system. In practice there are allegations that diversion is rarely applied due to a lack of understanding of diversion. By using empirical research, it was found the fact that the application of diversion in the 3 district courts that became the object of the study had been running properly, namely carried out on cases of children aged 12 to 18 years against cases that were threatened with less than 7 years and were not residive. . Although the application is correct, judges' understanding of diversion varies. Not all judges understand diversion, this is because child judges are judges who are specifically assigned to adjudicate children's cases.