Agreement as an Essential Element in Implementation of Diversion

Abstract

The purpose of this research is to describe and analyze the implementation of child case diversion at the stage of investigation, both successful and unsuccessful. This study uses a normative / doctrinal approach. The data used is secondary data as the main data and primary data as supporting data. Secondary data includes laws and government regulations governing diversion and written agreements between victims and perpetrators. Primary data in the form of interviews. The data obtained were then analyzed qualitatively and presented descriptively. The results of the study show: (1) Reasons for agreeing to be converted: a. Between the perpetrator and the victim forgive each other accompanied by substitution in the form of victims; b. Actors will not repeat the same actions; and c. The parties agreed to resolve the case in a family manner and did not blame him later on. (1) The reasons for not being agreed to be converted are: a. Settlement with diversion is deemed not to give or take sides with justice; b. Diversion is considered not to represent the interests of victims; c. Concern about the perpetrator committing the same crime. Keywords—diversion; investigation