ANALISIS YURIDIS TERHADAP EKSISTENSI LEMBAGA DIVERSI PADA TINDAK PIDANA ANAK SEBAGAI PELAKU (Studi Pada Pengadilan Negeri Wonosobo)

Abstract

Legal Study of Extension of Term of Office of Village Head According to Law No. 3 of 2024 on Diversion institutions are presented as a legal mechanism that allows the resolution of juvenile criminal cases outside the formal judicial process, while still considering the best interests of the child. This study aims to analyze the legal existence and effectiveness of the implementation of diversion institutions in handling juvenile criminal acts as perpetrators, particularly in the jurisdiction of the Wonosobo District Court. This study uses an empirical legal approach with a qualitative approach, through data collection techniques in the form of interviews with law enforcement officers involved in the diversion process, analysis of child case documentation, and library studies of related laws and regulations and literature. The results of the study indicate that the implementation of diversion at the Wonosobo District Court has, in principle, referred to the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, in practice, various obstacles are still encountered such as limited human resources and officer competence, lack of supporting facilities and infrastructure, weak coordination between law enforcement agencies, and minimal participation from victims and the community in the mediation process. These findings indicate the need to strengthen institutional capacity, develop human resources, and increase public understanding of the importance of diversion in protecting children in conflict with the law.

Keywords: Diversion, Juvenile Criminal Justice System, Restorative Justice, Empirical Jurisprudence, Wonosobo.