DIVERSI SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI ANAK DALAM UPAYA PENEGAKAN KEADILAN RESTORATIF PADA SISTEM PERADILAN ANAK

Abstract

The number of children committing crimes is constantly increasing, and in certain cases, children who become perpetrators are a particular concern for law enforcement officials. One solution that can be taken in handling juvenile crime cases is a restorative justice approach, implemented through diversion. Diversion is carried out to provide protection and rehabilitation to perpetrators as an effort to prevent children from becoming adult criminals in the future. The government has attempted to protect children in conflict with the law (ABH) through diversion, but this has not been implemented optimally. The implementation of the diversion concept aims to prevent children from the negative implications of the criminal justice system. Based on the above background, the author raises two problem formulations in this paper. First, legal protection for children in conflict with the law through diversion; second, the diversion mechanism in handling children in conflict with the law as an effort to enforce restorative justice in the juvenile justice system. The research method used in this paper is normative juridical using secondary data. The research approaches used are the legislative approach, the conceptual approach, and the comparative approach. The data collection technique is carried out through literature studies, then the data is analyzed qualitatively. Ultimately, this paper aims to emphasize the importance of legal protection for children in conflict with the law through diversion, and the diversion mechanism in handling children in conflict with the law as an effort to enforce restorative justice in the juvenile justice system. Therefore, the theft case has been officially dismissed in case No. 2/Pid.Sus-Anak/2025/PN Sim, which states that the child perpetrator has implemented a diversion agreement with the victim.