Penerapan Diversi Oleh Hakim Dalam Mendamaikan Anak Pelaku Dan Korban Tindak Pidana Pencurian (Studi di Pengadilan Negeri Medan)
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Institusion
Universitas Sumatera Utara
Author
Tampubolon, Roland
Subject
Theft Crime
Datestamp
2018-03-16 15:05:54
Abstract :
Medan District Court has dealt with 165 juvenile criminal cases in the last two years, 2015 and 2016, and 91 of the cases are dealt with theft done by children. The data from Medan District Court show that theft by minors is the most frequently found cases handled by the judge in Medan District Court in the last two years; more than half of all cases, which are mostly pronounced a sentence by the judge. That there are many cases of diversion failure in Medan District Court indicates that there is diversion failure in police or judiciary level. The research problems are how diversion is implemented by the judge in Medan District Court, how the obstacle of diversion and how the efforts made by the judge in dealing with the obstacle of diversion to theft cases to realize justice. The normative legal research was used as the method in this thesis. The data were sourced from secondary data. Library research was employed as the data collection technique and interview conducted to support the research. The qualitative analysis method was used in this normative legal research. The results of the data analyzed by qualitative analysis were obtained from a variety of data sources, by employing various data collecting techniques (triangulation). The results of the research showed that the implementation of diversion in Medan District Court used the legal ground such as the Law No. 11/2012, PP (Government Regulations No. 65/2015, Perma (Regulation of the Supreme Court) No. 4/2014. The obstacle encountered were internal and external obstacles; namely the absence of diversion in Investigation, Single Indictment by the prosecutor, and the willingness to be reconciled from the victim, proposed sentence of more than seven years of imprisonment, recidivism, the victim?s wish for compensation. The efforts made by the Judge was discovering the sentence that can and cannot be proposed by the diversion, the Judge observed and listened to every response given by the juvenile theft and victim, also by other components and comprehend the best interest principle for the minors.
Medan District Court has dealt with 165 juvenile criminal cases in the last two years, 2015 and 2016, and 91 of the cases are dealt with theft done by children. The data from Medan District Court show that theft by minors is the most frequently found cases handled by the judge in Medan District Court in the last two years; more than half of all cases, which are mostly pronounced a sentence by the judge. That there are many cases of diversion failure in Medan District Court indicates that there is diversion failure in police or judiciary level. The research problems are how diversion is implemented by the judge in Medan District Court, how the obstacle of diversion and how the efforts made by the judge in dealing with the obstacle of diversion to theft cases to realize justice. The normative legal research was used as the method in this thesis. The data were sourced from secondary data. Library research was employed as the data collection technique and interview conducted to support the research. The qualitative analysis method was used in this normative legal research. The results of the data analyzed by qualitative analysis were obtained from a variety of data sources, by employing various data collecting techniques (triangulation). The results of the research showed that the implementation of diversion in Medan District Court used the legal ground such as the Law No. 11/2012, PP (Government Regulations No. 65/2015, Perma (Regulation of the Supreme Court) No. 4/2014. The obstacle encountered were internal and external obstacles; namely the absence of diversion in Investigation, Single Indictment by the prosecutor, and the willingness to be reconciled from the victim, proposed sentence of more than seven years of imprisonment, recidivism, the victim?s wish for compensation. The efforts made by the Judge was discovering the sentence that can and cannot be proposed by the diversion, the Judge observed and listened to every response given by the juvenile theft and victim, also by other components and comprehend the best interest principle for the minors.
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