RECONSTRUCTION OF ARTICLE 7 PARAGRAPH 1LAW NUMBER 11 OF 2012 CONCERNING THE JUVENILE CRIMINAL JUSTICE SYSTEM, BASED ON THE PRINCIPLES OF CRIMINAL INDIVIDUALIZATION IN ISLAMIC LAW

Abstract

Especially for countries that have ratified the Convention on the Rights of the Child, trying to provide the best protection for children, this is a priority that must be done. In realizing maximum child protection, it is necessary to have policies that support the realization of real protection, with the issuance of Law Number 11 of 2012, concerning the Juvenile Criminal Justice System. In article 7 paragraphs 1 and 2 of the Law on the Juvenile Criminal Justice System, article 7 (1) At the level of investigation, prosecution and examination of children's cases in district courts, diversion must be attempted. (2) Diversion as referred to in paragraph (1) is carried out in cases of crimes The crime committed: (a) is punishable by imprisonment for less than 7 (seven) years and (b) is not a repetition of the crime. This research aims to examine and analyze the form of legal construction of the Juvenile Criminal Justice System specifically for implementing diversion for victims with charges less than 7 years old. The research method uses a statutory approach, a case approach, a comparative approach to the number of cases by reviewing and analyzing legislation, journals, cases, data and direct interviews. The results of the research found that the implementation of the legal construction of the Juvenile Criminal Justice System (1) cases of children are increasing (2) Implementation of Diversion is carried out from investigation to court, many are still carried out at a higher level (3) have an understanding that the word mandatory diversion is attempted, has the meaning that it can be carried out at various levels so that diversion occurs at several levels, and often occurs at the court level.