摘要:Child abuse is a complex problem and involves many aspects. Diversion is an alternative in resolving child criminal cases that conflict with the law, by trying to eliminate the stigma against children as perpetrators of a crime even though children conflict with the law but still prioritizing the best interests of children in realizing the welfare of children, as stipulated in the SPPA Law. Even though it has been stipulated in written regulations, the existence of diversion among law enforcement officers is still a problem, because the diversion process has not been explicitly regulated regarding the mechanism that must be implemented, so that a good understanding and application is needed by law enforcement officials to be able to actualize properly. the diversion of children in conflict with the law in the juvenile justice system is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without neglecting the criminal liability of children. Diversion is not a peaceful effort between children in conflict with the law with victims or their families but a form of punishment against children who informally conflict with the law. Implementation of diversion in restorative justice in the juvenile justice system is the transfer of the settlement of child cases from criminal justice processes to processes outside of fair criminal justice with an emphasis on restoration to its original state, and not of retaliation. Besides diversion is a form of punishment that has the perspective of education of children.
关键词:Children;Criminal;Jurisdiction;Legal Protection;The Rights