The Paradox of Child's Diversion Policy in Conflict with the Law in the Indonesian Child Criminal Justice System

Abstract

This research aims to examine the paradox of implementing the diversion policy for children in conflict with the law in student brawl cases in DKI Jakarta. The research uses a qualitative approach with a case study method. Case analysis uses forecasting analysis framework by William Dunn (2003) and Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis by Chermack and Kasshanna (2007). There are three conclusions from this research. First, the problems of the diversion policy for children in conflict with the law are generally not caused by primordial factors but are caused by law enforcement investigators who often do not follow the mandate of the Law on The Child Criminal Justice System to determine child diversion. This is because the police apply criminal offenses based on the perpetrator's actions and can consider the recommendations of the Community Counselor of the Correctional Center. Second, there is a paradox in the implementation of the diversion policy for children in conflict with the law, starting from the high use of the Emergency Law in the Indonesian Legal System, the low competence of law enforcement officers in implementing the diversion policy for children in conflict with the law, terminating investigations without involving Community Counselor of the Correctional Center, to carrying out detention in correctional centers that are not child-friendly. Third, based on forecasting and SWOT analysis, it is necessary to transform juvenile justice legal policies in the future, especially increasing competency of the law enforcement officers, ensuring the availability of child-friendly infrastructure, supporting the child in conflict with the law advocacy and extensifying community-based policing.