The Effectiveness of Diversion Implementation in the Juvenile Criminal Justice System to Realize Restorative Justice in Indonesia

Abstract

The juvenile criminal justice system in Indonesia has undergone a paradigm shift from a punishment-oriented approach toward an approach that places child protection and recovery as its primary objectives. One of these reforms is reflected in the implementation of diversion under Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion is a mechanism for resolving juvenile cases by transferring case resolution from the formal criminal justice system to a deliberative settlement involving the child, victim, family, correctional counselor, and other relevant parties. The problem examined in this research concerns the effectiveness of diversion in realizing restorative justice, considering that various obstacles remain in practice and prevent its objectives from being fully achieved. This study aims to analyze the legal regulation of diversion in the Juvenile Criminal Justice System, analyze the factors affecting its effectiveness, and formulate a model for strengthening diversion to realize restorative justice in Indonesia. The research method employed is normative legal research using a statutory approach, conceptual approach, and case approach. The analysis applies Soerjono Soekanto’s legal effectiveness theory, Lawrence M. Friedman’s legal system theory, and Tony Marshall’s concept of restorative justice. The results show that, normatively, diversion has a strong legal basis, but its effectiveness is still influenced by legal substance, legal structure, supporting facilities, the legal culture of law enforcement officials, and community acceptance. Optimizing diversion requires stronger regulations, improved law enforcement capacity, strengthened roles for correctional counselors, and a paradigm shift in society from a retributive approach toward a restorative approach.