Pelaksanaan Diversi oleh Jaksa Penuntut Umum di Kejaksaan Negeri Padang Terhadap Anak yang Melakukan Tindak Pidana Penganiayaan

Abstract

Crimes committed by children one of them is a criminal act of persecution, the child who committed the crime of persecution are given protection by the law is to resolve the case of the child through the process of diversion. Namely the transfer of the settlement diversion of children from the criminal justice process to outside the criminal court process. As stipulated in Article 1 paragraph 7 of Law No. 11 of 2012 on the Criminal Justice System Child (Law SPPA). Diversion process must be conducted at the level of investigation, prosecution, and courts. In the prosecution level Prosecution did diversion before bestowing his case to court. Formulation of the problem is 1) How is the implementation of diversion by the Public Prosecutor against children who commit criminal acts of persecution? 2) Are the constraints faced by the public prosecutor in conducting the diversion of children who committed the crime of persecution. This type of research is juridical sociological. Data sources include primary data and secondary data. Data were obtained through interviews and document study. The collected data were analyzed qualitatively. It can be concluded 1) The State Attorney Padang diversion by starting with the transfer of the case by the investigator to the prosecutor until the special prosecutor ordered the child to process cases including conducting diversion. 2) Obstacles encountered is the lack of personnel trained prosecutors with regard to the implementation of the diversion to the public prosecutor in charge of children as child prosecutor and the difficulty of receiving diversion, especially on the part of the victim. Keywords: Diversion, the Prosecution, persecution, Son