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ISSN 2063-5346
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COMMUNITY PARTICIPATION IN THE SETTLEMENT OF CHILDREN IN CONFLICT WITH LAW THROUGH DIVERSION BASED ON JUSTICE VALUES

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Eko Soponyono, Muhammad Ansori Lubis, Gunarto
» doi: 10.31838/ecb/2023.12.s3.399

Abstract

In Law Number 11 Year 2012 on the Criminal Justice System of Children, to settle crimes committed by children uses the restorative justice method. This restorative justice system is defined as a process to involve, to enable the involvement of the wider parties in its implementation, namely the parties has in the interest of a specific violation. In Law Number 11 Year 2012 on the Criminal Justice System of the Child, the community has been involved in the implementation of diversion and restorative justice in the settlement of a criminal case. This paper aims to analyze the role of the community in the settlement of children in conflict with the law through a diversion based on justice values. This research was based on constructivism paradigm. The nature of this research was analytical descriptive that in addition to describe or to expose the subject and object of research as well as analysis of problems that have been formulated. The method used was juridical sociological legal research, which put the law as a social phenomenon. In this research consists of data obtained directly and from library materials. This research used secondary and primary data obtained through data collection methods by studying literature and field studies done by conducting interviews. The result of the research show that the community participation is highly needed in the settlement of the children's case against the law, it is done to provide justice for the children. The word "may (dapat)" in Article 93 of Law Number 11 Year 2012 The Criminal Justice System of the Child shall be mandatory, so that the community shall be involved in the settlement of cases of children in a diversion in order to better provide legal protection for the rights of the child. The settlement of child cases without the involvement of the community may be considered sufficient by presenting the family of the perpetrator and the victim's family and the investigator, but not necessarily able to provide a sense of justice for the child.

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