Diversi Anak yang Berkonflik dengan Hukum dalam Perspektif Sosiologi Hukum di Polres Halmahera Barat

Abstract

Resolving cases of children in conflict with the law is not easy. This is because a child perpetrator has different characteristics from an adult perpetrator. On that basis, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System provides space for cases of children in conflict with the law to be resolved through a mechanism outside the court known as restorative justice with a diversion mechanism. The research objective to be achieved is to analyze and find out how the legal sociology perspective realizes restorative justice in resolving cases of children in conflict with the law through diversion. The research method or type employed is empirical research utilizing a sociological approach, supported by a statute approach. The research results show that resolving cases of children in conflict with the law from a legal sociology perspective emphasizes the importance of understanding the social context that shapes children's behavior. The restorative justice approach with a diversion mechanism, although ideal and legally substantively regulated by regulation, in practice, the legal structure and legal culture face challenges such as cultural resistance, social structure, social stigma, and limited resources of law enforcement officers. Furthermore, another conclusion indicates that the effectiveness of resolving cases involving children in conflict with the law can be enhanced by addressing social factors such as poverty, family environment, and education and by actively involving the community. Therefore, cooperation among all parties including the government and institutions dedicated to child-related law enforcement is required.