Granting of Restitution Rights as a Form of Implementation of Diversion for Criminal Acts of Theft in Child Criminal Cases

Abstract

This study aims to determine and analyze the procedure for granting restitution rights as a form of diversion for the crime of theft in juvenile criminal cases and the obstacles to the process of granting restitution rights as a form of diversion for the crime of theft in juvenile criminal cases. This type of research is normative legal research. Based on the research, it is concluded that Diversion is a mandatory process in juvenile criminal cases if it meets the requirements in Article 7 of the SPPA Law, the success of diversion can be achieved if there are efforts made by law enforcement and parties involved in the implementation of diversion. Restitution is now a step in the effort to achieve the success of diversion, the provision of compensation is a form of accountability for the criminal acts of child perpetrators against victims. The low success rate of diversion explains that there are still many obstacles in the implementation of diversion at all levels of the juvenile case process. Likewise, efforts to restitution still have many obstacles in their implementation, the main factors that complicate the implementation of restitution are the economic constraints of the parties and the lack of willingness to reconcile between the perpetrator and the victim. Recommendations in the future to avoid obstacles in the implementation of restitution are by regulating the minimum and maximum costs that can be given by perpetrators who have economic difficulties to the victim. And it is necessary to provide understanding to the wider community regarding the importance of protecting children in conflict with the law. Restitution is compensation given to the victim or his/her family by the perpetrator or a third party, which can be in the form of returning property, payment of compensation for loss or suffering, or reimbursement of costs for certain actions and based on a court decision that has permanent legal force. Based on Government Regulation of the Republic of Indonesia Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Criminal Acts, Article 1 paragraph (1) explains that Restitution is payment of compensation charged to the perpetrator based on a court decision that has permanent legal force for material and/or immaterial losses suffered by the victim or his/her heirs.