Problematika Pelaksanaan Diversi Bagi Anak Berhadapan Dengan Hukum Di Kota Layak Anak (Studi Pada Aparat Hukum, Pemerintah Kota Dan Masyarakat Di Depok Dan Surakarta)

Abstrak

Criminal cases involving children both as perpetrators and victims indicates increased tendencies, including in the child friendly cities. Regarding the Minister of Women Empowerment and Child Protection Regulation No. 11 Year 2011 on Development the Child Friendly City Policy one of the mandates of local government is to ensure the cases of children in conflict with the law are resolved by restorative justice approach. The principle of restorative justice for the settlement of ABH cases through diversion is stipulated in the Law No. 11 year 2012 on the Juvenal Justice System. This article aims to review how diversion is implemented in Depok and Surakarta as two of child friendly cities. The study focuses on what challenges and problems faced by legal officers, local governments and communities in implementing diversion? The research is empirically conducted using sociolegal method, which combines the study of legal issues and the practices which reviewed through social sciences.  The results find that at the level of legal insititution, both understanding of diversion and coordination with the local government is still weak. While at the local government level, programs for diversion have not been specifically designed, and at the community level, the understanding of restorative justice is still poor. Those conditions at the end much influence to the effectiveness of diversion implementation as an integrative program in child friendly city.