PELAKSANAAN DIVERSI DAN RESTORATIVE JUSTICE OLEH POLDA DIY TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA

Restorative justice is a way of handling criminal cases children outside the formal legal path to guarantee and respect the dignity of the child, the best interests of the child and taking into account justice for the victims. DIY Regional Police as an investigator in the handling of child crime is required to conduct diversion through restorative justice approach. The problems of this study used a knife analysis of restorative justice theory and discretion theory. The application of diversion by the investigator as a form of settlement of child crime through restorative justice approach in DIY Regional Police in general has been in accordance with the provisions of Law Number 11 Year 2012 on Child Criminal Justice System by means of deliberation by involving victims, children, community in finding solutions for reconciliation, and reassurance that is not based on retaliation. Obstacles encountered by investigators in the application of diversion as a form of settlement of child crime cases in the DIY Regional Police came from the families of victims who wanted cases processed through the judicial system, the difficulty of being invited for diversion meetings and the extortion mode against the perpetrators. Other obstacles are the limitations of Breath officers and social workers and the non-diversion agreement. To overcome these obstacles, the Investigator approaches the victim's family, coordinates with Breathing and if there is no diversion agreement then the case is transferred to the prosecutor's office