FITRIYANA, ELOK (2026) KEWENANGAN DISKRESI PENYIDIK POLRI DALAM PELAKSANAAN DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 (STUDI KASUS: DI POLRES MADIUN KOTA). S1 thesis, Universitas PGRI Madiun.
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Abstract
Children in conflict with the law constitute a group requiring special protection within the criminal justice system. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System stipulates that every criminal case involving a child must be resolved through diversion based on a restorative justice approach. In its implementation, investigators possess discretionary authority to determine appropriate measures for case resolution while prioritizing the best interests of the child. This study aims to analyze the legal framework governing investigators’ discretionary authority in the implementation of diversion for children in conflict with the law, its implementation at the Madiun City Resort Police, as well as the obstacles encountered and efforts undertaken in exercising such discretion during the diversion process. This research employs a normative-empirical legal research method using statutory, conceptual, and sociological approaches. Primary data were obtained through interviews with investigators of the Women and Children Protection Unit (PPA Unit) of the Madiun City Resort Police, while secondary data were collected through a literature review of legislation, books, scholarly journals, and other supporting documents. The data were analyzed using a descriptive qualitative method. The results of the study indicate that: first, the application of investigators’ discretion in juvenile diversion at the Madiun City Resort Police has a strong legal basis under Law Number 2 of 2002 and Law Number 11 of 2012 in order to realize restorative justice. Second, investigators have effectively acted as facilitators in mediation involving various parties to prevent children from experiencing the adverse effects of formal criminal proceedings. Third, although the implementation process faces obstacles, including victims’ refusal to participate and prevailing social stigma, these challenges are addressed through persuasive approaches, education regarding the benefits of diversion, and strengthened inter-agency coordination.
| Item Type: | Thesis/Skripsi/Tugas Akhir (S1) |
|---|---|
| Kata Kunci: | Investigators’ Discretion; Diversion; Children in Conflict with the Law; Restorative Justice; Juvenile Criminal Justice System. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | ELOK FITRIYANA ELOK |
| Date Deposited: | 10 Aug 2026 07:02 |
| Last Modified: | 10 Aug 2026 07:02 |
| URI: | http://eprint.unipma.ac.id/id/eprint/8342 |
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