DIVERSION IN THE SETTLEMENT OF THE CRIMINAL ACT OF DISPOSAL OF INFANTS

Abstract

The rise of promiscuity among children, resulted in children getting pregnant out of wedlock and then giving birth. Not mentally strong and afraid of not being able to support the child born, have the heart to throw away the baby. This act is a criminal offense of child neglect. Perpetrators of child neglect who are under 18 years old are of course handled differently from adults. Children who face the law will go through the Juvenile Criminal Justice System (SPPA), where the process must go through diversion, then What is the form of diversion in solving the crime of child neglect. This research method uses empirical juridical, where the actions committed by the perpetrators (parents) of the disposal of babies under 18 years old, are not under the Child Protection Law, so they must account for it and the settlement must be used diversion as a form of protection for living babies. This study intends to find out how the reasons for babies being dumped as well as what sanctions will be imposed and the form of diversion carried out by the police. The results of this study show that child criminals throwing away their babies have violated Article 78 B of Law No. 35 of 2014 concerning Amendments to Law No. 11 of 2012 concerning Child Protection, and can be subject to sanctions for babies who are discarded as victims taken over their authority by the police because the perpetrators. The perpetrator is married off and is required to take care of the discarded baby until adulthood. then it has violated the Article... Law on Child Protection. The perpetrator is still a child and the child born also needs protection and care, so the solution to the case is through diversion by bringing together the perpetrator's parents, community, and religious leaders. and mediated by the police. The two perpetrators, namely the parents of the baby who were discarded, were married to the two, and then they were both released from prison and only subject to mandatory reporting.