Legal Protection Through Diversion in Child Crimes Based on the Juvenile Justice System Law (SPPA Law)

Abstract

Child protection issues in Indonesia are regulated in the Law on the Juvenile Criminal Justice System (SPPA Law). Legal protection efforts for children can be carried out through diversion. Diversion in its implementation is an action taken as a change from the process of resolving cases that occur to children to a settlement process outside the court. If a child commits a criminal offense before turning eighteen, and if the child is turned into the juvenile court after turning eighteen but before turning twenty-one, they are still turned over to the juvenile court. Article 20 of Law No. 11/2012 on the Juvenile Criminal Justice System (SPPA Law) states as much. This article's goal is to investigate how the Juvenile Justice System Law (SPPA Law) protects juvenile criminals legally through diversion. The primary and secondary legal resources served as the data sources for this normative legal study. Qualitative procedures argue that problems differ in their nature, this research approach is more likely to use in-depth analytical tools, specifically looking at problems based on legal protection.  The research material collected will be examined in accordance with the relevant legal and regulatory framework by way of comparison with actual practice. The results state that the legal protection of children through diversion is related to the transfer of cases from the formal process to the informal process, or removing the perpetrator from the juvenile criminal justice system.  Legal protection can be understood as efforts to enforce the law in support of children's various freedoms (including their basic rights and freedoms) and interests relating to their welfare. As such, all children are protected, including those involved in legal disputes (ABH).