The Application Of Diversion Of Children Who Conflict With Law According To Aceh Qanun Number 9 Of 2008 Concerning Development Of Customary Life And Customary And Law Number 11 Of 2012 Concerning The Criminal Justice System Of Children (Studies In The Langsa District Court's Jurisdiction)
The Application of Diversion to Children Who Conflict with the Law in Aceh: A Study on the Implementation of Aceh Qanun Number 9 of 2008 and Law Number 11 of 2012
Introduction
The issue of children in conflict with the law is a pressing concern in many parts of the world, including Indonesia. In Aceh, a province in northern Indonesia, the problem is particularly acute, with a significant number of children being involved in legal issues. To address this problem, the government of Aceh has implemented a diversion program, which aims to provide an alternative to the traditional legal process. This program is based on Aceh Qanun Number 9 of 2008, which concerns the development of customary life and customary law, and Law Number 11 of 2012, which concerns the criminal justice system of children.
The Background of the Application of Diversion
The application of diversion is a key aspect of the criminal justice system in Aceh. According to Law Number 11 of 2012, diversion is a process that aims to provide an alternative to the traditional legal process for children who are in conflict with the law. The goal of diversion is to provide an opportunity for children to correct their mistakes without having to undergo a long and painful legal process. In Aceh, the application of diversion is based on the principles of restorative justice, which focuses on restoring relations between parties involved, and diversion, which offers alternative settlement through mediation before the legal process begins.
The Process of Applying Diversion in Aceh
In practice, the application of diversion in Aceh begins with the mediation process, which is carried out in accordance with Aceh Qanun No. 9 of 2008. This mediation aims to reach an agreement in a family and peaceful manner, based on a Joint Decree (SKB) between the Governor of Aceh, the Aceh Regional Police, and the Aceh Customary Council No 189/677/2011. If mediation does not produce an agreement, then the case will be continued to the legal process based on Law Number 11 of 2012.
Analysis of the Application of Diversion
The application of diversion in Aceh is very relevant given the socio-cultural characteristics of its people, who uphold the values of kinship and customs. In many cases, family solving solutions can prevent children from social stigma that can have a negative impact in the future. The mediation process carried out also allows both parties to be actively involved in solving problems, which in turn can produce a more just and more satisfying solution.
However, even though there is a diversion mechanism, challenges remain. There are still many parents and people who have a lack of understanding of the importance of the application of diversion, and sometimes still prefer to settlement. Therefore, education about the diversion process and its benefits needs to be done more intensively.
The Role of Education in the Application of Diversion
Education plays a crucial role in the application of diversion in Aceh. Many parents and people are still unaware of the benefits of diversion, and therefore prefer to settle cases through traditional means. To address this issue, education about the diversion process and its benefits needs to be done more intensively. This can be achieved through various means, including workshops, training programs, and community outreach programs.
Conclusion
The application of diversion to children who conflict with the law in Aceh is a positive step towards more human handling and justice. The two legal systems that function in parallel, namely the Aceh Qanun and the Criminal Justice System Law, provide space for the problem of peaceful problems through mediation. However, greater efforts are needed in community education and parents so that the application of diversion can run optimally and provide greater benefits for the children involved. With the right approach, it is hoped that cases of children who are in conflict with law can be handled better and have a positive impact on their future.
Recommendations
Based on the findings of this study, the following recommendations are made:
- Intensify education about the diversion process and its benefits: Education about the diversion process and its benefits needs to be done more intensively to raise awareness among parents and people about the importance of diversion.
- Improve the mediation process: The mediation process needs to be improved to ensure that it is more effective in resolving cases through peaceful means.
- Increase community involvement: Community involvement needs to be increased to ensure that the application of diversion is more effective and beneficial for the children involved.
- Provide support for families: Support needs to be provided for families who are involved in the diversion process to ensure that they are able to provide the necessary care and support for their children.
By implementing these recommendations, it is hoped that the application of diversion to children who conflict with the law in Aceh can be improved and provide greater benefits for the children involved.
Frequently Asked Questions (FAQs) about the Application of Diversion to Children Who Conflict with the Law in Aceh
Q: What is diversion in the context of children who conflict with the law?
A: Diversion is a process that aims to provide an alternative to the traditional legal process for children who are in conflict with the law. The goal of diversion is to provide an opportunity for children to correct their mistakes without having to undergo a long and painful legal process.
Q: What are the principles of diversion in Aceh?
A: The principles of diversion in Aceh are based on the principles of restorative justice, which focuses on restoring relations between parties involved, and diversion, which offers alternative settlement through mediation before the legal process begins.
Q: How does the mediation process work in Aceh?
A: The mediation process in Aceh is carried out in accordance with Aceh Qanun No. 9 of 2008. This mediation aims to reach an agreement in a family and peaceful manner, based on a Joint Decree (SKB) between the Governor of Aceh, the Aceh Regional Police, and the Aceh Customary Council No 189/677/2011.
Q: What are the benefits of diversion for children who conflict with the law?
A: The benefits of diversion for children who conflict with the law include:
- Providing an opportunity for children to correct their mistakes without having to undergo a long and painful legal process
- Reducing the risk of social stigma and negative impact on the child's future
- Encouraging family solving solutions and community involvement
- Providing support for families who are involved in the diversion process
Q: What are the challenges of implementing diversion in Aceh?
A: The challenges of implementing diversion in Aceh include:
- Lack of understanding among parents and people about the importance of diversion
- Limited resources and capacity to implement diversion
- Difficulty in reaching agreements through mediation
- Limited support for families who are involved in the diversion process
Q: How can education help to improve the implementation of diversion in Aceh?
A: Education can help to improve the implementation of diversion in Aceh by:
- Raising awareness among parents and people about the importance of diversion
- Providing training and capacity-building for officials and community leaders
- Encouraging community involvement and participation in the diversion process
- Providing support for families who are involved in the diversion process
Q: What is the role of community in the implementation of diversion in Aceh?
A: The community plays a crucial role in the implementation of diversion in Aceh by:
- Providing support and resources for families who are involved in the diversion process
- Encouraging community involvement and participation in the diversion process
- Helping to raise awareness about the importance of diversion
- Providing a safe and supportive environment for children who are involved in the diversion process
Q: How can the government of Aceh support the implementation of diversion?
A: The government of Aceh can support the implementation of diversion by:
- Providing resources and funding for the diversion program
- Providing training and capacity-building for officials and community leaders
- Encouraging community involvement and participation in the diversion process
- Providing support for families who are involved in the diversion process
Q: What is the future of diversion in Aceh?
A: The future of diversion in Aceh is promising, with the potential to provide a more effective and humane approach to handling cases of children who conflict with the law. With the right approach and support, diversion can help to reduce the risk of social stigma and negative impact on the child's future, and provide a more just and satisfying solution for all parties involved.