EFEKTIFITAS RESTORATIF JUSTICE MELALUI DIVERSI OLEH PENYIDIK TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA

Abstract

Restorative justice through diversion regulated in Law No.11 of 2012 on the Criminal
Justice System Child. The purpose of this study was to analyze about the mechanism of the
process of restorative justice in order to know the effectiveness of the settlement of
criminal cases involving children as criminals, Issues raised in this study : (1) How is the
effectiveness of restorative justice through diversion by investigators against children as
criminals?. (2) whether the obstacles encountered by investigators in the implementation
of restorative justice through diversion against children as a criminal?. (3) How are the
completion of the constraints encountered in the application of restorative justice through
diversion for children as criminals?, This study using sociological juridical approach, data
using include primary and secondary, Data was obtained through interviews, document
studies and analyzed qualitatively, and it can be concluded: can already be said to be
effective seen from the figures of cases go to trial from 2013 to 2015 on the wane,
Obstacles encountered are the victims who do not want to do the diversion and lack of
cooperation from the parties concerned, and that can be done by investigators seeking
diversion to the fullest by trying to convince the victim to want enforced diversion.
Keywords: restorative justice, an investigator, a child, a felony