Which Diversion is Suitable to Resolve the Criminal Case of Children in Indonesia?

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Completion of juvenile cases outside the court is considered to be the most suitable in accomplishing juvenile criminal cases. According to Head of Research Development Centre on Criminal Justice System of University of Brawijaya (Pusat Pengembangan Riset Sistem Peradilan Pidana Universitas Brawijaya/PERSADA UB) Dr. Nurini Aprilianda, SH, MH if such criminal cases are accomplished in the police office or the court then will emerge negative stigma on juvenile. Thus as she said in Focus Group Discussion (FGD) PERSADA “Education Based Diversion Optimization to Save a child’s Future”, Wednesday (19/Oct/2016).

The form of diversion which could be implemented are such as involving child offenders in training held by educational institution and involving them in community services.
But, diversion implementation such above is considered to be less effective. The form of diversion like social and education working could not be implemented due to lack of integration with local government and related institution. As a result, police investigators in juvenile case investigation stages have limitation in determining diversion model in juvenile cases.

FGD was aimed to gather data from stakeholders and formulate them in form of educational diversion by hand-in-hand with local government and Islamic Boarding Schools. These regards are conducted and so diversion is not only become a formality and not included in criminal process but also could become a good treatment for children who have criminal act. The FGD result will become a material for policy paper creation in order to strengthen law enforcer juvenile criminal justice system. The policy paper later will be given to the Central Government and House of Representatives of Republic of Indonesia in creation and implementation of technical regulations in related with diversion which till recent is not optimal yet to be accomplished.

In order to find a proper formula, in the event Nurini took examples in diversion implementation in Australia. In Australia, diversion management is differently implemented in each state. Each state imposes diversion for first-time offenders in having criminal cases and not only for assassination and persecution which lead to death and serious wound. Five states emphasize police important roles as gatekeepers in diversion (South Australia, New South Wales, Western Australia, Queensland and Northern Territory). On the contrary, in Victoria, diversion is conducted by Magistrates Court or involving court judges.