Analysis of the Application of Diversion in Child Homicide Criminal Cases Involving Children in Conflict with the Law (ABH) Viewed from Law Number 11 of 2012 on the Juvenile Criminal Justice System
Keywords:
Diversion, Homicide, Children in ConflictAbstract
Under Law Number 11 of 2012 on the Juvenile Criminal Justice System, diversion is defined as the transfer of a child’s case from the criminal justice process to a mechanism outside the formal court system and is generally limited to offenses punishable by imprisonment of less than seven years and not involving repeat offenses. Nevertheless, the Tual District Court successfully applied diversion in a homicide case carrying a potential sentence of up to fifteen years’ imprisonment. This study aims to analyze the factors enabling the application of diversion in criminal offenses punishable by imprisonment exceeding seven years. Using a normative juridical research method, the study finds that the public prosecutor’s use of alternative charges—based on the offender’s status as a child in conflict with the law and the absence of recidivism—provided a legal basis for diversion. The application of diversion in this case served to realize restorative justice, educate the offender regarding the consequences of the act, and facilitate the restoration of relations between the victim’s family and the offender, with the victim’s family’s willingness being the decisive factor in the diversion process.
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