PELAKSANAAN KONSEP DIVERSI PADA TINGKAT PENUNTUTAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (Studi Di Kejaksaan Negeri Simalungun)

Abstract

In an effort to protect the future of the nation's successors, efforts are needed to protect children's  rights, one of which is through the application of the concept of diversion. The concept of diversion for children is expected to be a better alternative than existing procedures in court. At the prosecution  stage, the child public prosecutor is obliged to seek diversion no later than 7 x 24 hours after the
public prosecutor receives the dossier from the investigator, the diversion process is carried out no later than 30 days. Diversion is carried out in consultation with the litigants. As for the formulation of the problem in this paper, how is the implementation of the concept of diversion at the level of prosecution of children in conflict with the law (ABH) at the Simalungun District Attorney, and what
factors are faced by the public prosecutor in implementing the concept of diversion at the level of prosecution of children who are dealing with the law (ABH) at the Simalungun District Attorney. The type of research used by the author is empirical juridical research. Empirical juridical research in other words is also called sociological legal research. Based on the results of research conducted by  the Simalungun District Attorney, they have carried out diversion efforts for children who are in  conflict with the law in accordance with the provisions of Law No. 11 of 2012 concerning the Juvenile  Justice System (UUSPPA), with the mechanism regulated in the Attorney General's Regulation
Number PER-006 /A/JA/04/2015 concerning guidelines for the implementation of Diversion at the prosecution level, There are several factors faced by the Simalungun District Attorney in implementing diversion, namely inhibiting factors and supporting factors, the implementation of diversion at the prosecution stage at the Simalungun District Attorney's Office is often hampered, selfesteem
is still low. become a top priority for people who are in conflict with the law so that they tend to override the rights and interests of children, besides that the desire to provide the best protection for children is still the main reason for seeking diversion.