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PENERAPAN PENYELESAIAN DIVERSI DI KEPOLISIAN SEKTOR YANG TIDAK MEMILIKI UNIT PERLINDUNGAN PEREMPUAN DAN ANAK
The implementation of resolving cases involving children in conflict with the law through a diversion approach, as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and supported by institutional regulations in the Regulation of the Chief of the Indonesian National Police Number 10 of 2007 concerning the Women and Children Service Unit, has in practice not been optimally carried out at the Taman Sari Sector Police, which does not have a Women and Children Service Unit. This study aims to examine the resolution and application of diversion at police sector offices that do not have a Women and Children Service Unit, as well as to analyze the fulfillment of the rights of children as victims in cases resolved through diversion. The theories applied in this study are law enforcement theory and legal protection theory. This research is qualitative in nature and employs a normative juridical research method. The data used consist of secondary data in the form of legislation, as well as primary data obtained through interviews with Criminal Investigation Unit staff at the Taman Sari Sector Police. Data collection techniques include library research and field research, which are then analyzed using descriptive-analytical methods. The findings indicate that the implementation of diversion at sector police offices without a Women and Children Service Unit is carried out without involving or coordinating with the Women and Children Service Unit at the district police level. As an alternative, the sector police involve the Women and Children Protection Service Center to assist in the diversion process. The results of case resolution, which are limited to an apology without compensation, fail to provide proportional recovery for the physical and psychological harm suffered by the victims. This study recommends expanding the establishment of Women and Children Service Units to the sector police level or assigning child investigators, as well as implementing clear regulations regarding the obligation and limits of compensation in the diversion process.
Ilmu Hukum, Universitas Sultan Ageng Tirtayasa
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