THE ROLE OF THE PUBLIC PROSECUTOR IN THE SETTLEMENT OF CHILDREN CASES THROUGH DIVERSION IN PURWOKERTO STATE PROCEDURES

Abstract

As far as possible, children should be avoided from being examined in court. As long as it meets the conditions stipulated in the criminal case against children, it must be resolved through diversion. The Indonesian Child Protection Commission says that every year there are 7000 cases of children facing court proceedings. This study aims to determine the role of public prosecutors in solving children's cases through diversion and the obstacles in implementing diversion at the Purwokerto District Attorney General's Office. The method used is juridical normative, namely examining library materials or secondary data by conducting a search of the regulations related to the problems in this study. The results of this study 1) The role of the public prosecutor in solving juvenile cases through diversion at the Purwokerto District Prosecutor's Office is to act as a mediator. If the diversion does not reach an agreement, the public prosecutor makes a report stating that the diversion process has failed and submits the case to the District Court. On the other hand, if the diversion is successful, the Public Prosecutor makes an official report and then submits it to the District Court to make a decision, 2) Obstacles for the Public Prosecutor in resolving children's cases through diversion, namely, the unclear regulations regarding the guidelines for implementing the diversion at the beginning of the enactment of Law Number 12 of the Year 2012 Concerning the Juvenile Criminal Justice System until finally in 2015 the government issued a Regulation of the Attorney General of the Republic of Indonesia Number PER-006 / JA / 04/2015 concerning Guidelines for the Implementation of Diversion at the Prosecution Level, the victim was not cooperative, the perpetrator was unable to fulfill the demand for compensation from victims, the culture that develops in society that perpetrators of crimes must be tried and sentenced to imprisonment regardless of the perpetrator being a minor hinders the implementation of process diversion.Keywords: Role of Prosecutors, Children, Diversion