Legal Reconstruction of Diversion in Juvenile Crime System Based on Dignified Justice

The purpose of this research is to find the weakness of the Juvenile Crime System and how to reconstruct the law based on dignified justice in socio-legal research, using the constructivism paradigm. The approach method used in this research is social legal research, concept approach, and comparative approach. Research result shows the Weaknesses that causes the law cannot be implemented properly because the provisions on the terms of Diversion regarding the limitation of criminal penalties under 7 years in Article 7 of the Juvenile Crime System (SPPA) Law which are based on the application of the article during investigations and prosecutions allow for subjective views in addition to the fact that there are several law enforcers who do not implement a legal provision as they should. Therefore, the legal reconstruction is in the form of the Elimination of the conditions for imprisonment under 7 (seven) years in Article 7 paragraph (2) letter (a) of the SPPA Law. The general principles contained in the Convention on the Rights of the Child should be taken into consideration to amend or remove conditional restrictions on diversion for imprisonment under 7 years because they have deviated from the essence of children's rights and the general principles contained in the Convention on the Rights of the Child.