PERBANDINGAN SYARAT DIVERSI ANTARA PERATURAN MAHKAMAH AGUNG NOMOR 4 TAHUN 2014 TENTANG PEDOMAN PELAKSANAAN DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK DENGAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Abstract

Diversion is the transfer of the settlement of children's cases from the criminal justice process to a process outside of criminal justice. Provisions regarding diversion are regulated in Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, however, several differences were found in the two laws and regulations. This study aims to determine whether there are deviations in the Supreme Court Regulation No. 4 of 2014 with Law No. 11 of 2012 and the legal rules to be used by judges. The method used in this study is a normative research method that focuses on the problem of existing norms and is supported by the results of interviews with judges. From the data obtained, an analysis was carried out, and conclusions drawn using the deductive method stated that the provisions of the Supreme Court Regulation Number 4 of 2014 were not a form of deviation from Law Number 11 of 2012 but a compliment. In resolving child crimes with diversion, judges adhere to Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System, so the implementation of diversion must be carried out by the provisions of the law