PEMENUHAN HAK-HAK ANAK YANG BERKONFLIK DENGAN HUKUM MELALUI PROSES DIVERSI DALAM PERADILAN ANAK
PEMENUHAN HAK-HAK ANAK YANG BERKONFLIK DENGAN HUKUM MELALUI PROSES DIVERSI DALAM PERADILAN ANAK
Abstrak
This research aims to determine how the fulfillment of children's rights who are conflicted with the law through a diversion process in the juvenile justice. From observations and data showing the process of juvenile justice of children through the diversion process has not been carried out optomally because somethings are related to the arrangement of demaged in the diversion process. The majority of processes in the children's diversion may result in an agreement but there is still a diversion process that has not gotten an agreement due to excessively high compensation on the basis of the legal issue of this research conducted with the purpose to know how to fulfillment of children's rights who are conflicted with the law through a diversion process in juvenile justice. This research is a normative legal research with approach to concepts and case approaches. Furthermore analyzed through the stages of interpretation, assessment, research, and evaluation. And the last is concluded in the form of perscriptive. from the result of the research , it is known tje most of children's conflict with the law is resolved through a diversion process and generating agreement of diversion. But there are some cases that are not reached by the agreement of diversion one of them relates to the size of the demages requested by the victims of a criminal offense that is not covered by the offender. This is due to the lack of arrangement on the minimum and maximum limitation must be paid by the perpetrators so that diversion can be achieved and the rights of children are fulfilled.