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PROBATION & DIVERSION : Evidence-Based Practice

Elfina L.Sahetapy Faculty of Law University of Surabaya Asia Pacific Council Juvenile Justice Second Meeting Phuket, 6 May 2015. PROBATION & DIVERSION : Evidence-Based Practice. Amendment of Law  No 3 of 1997 to Juvenile Criminal Justice System Act No 11 of 2012.

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PROBATION & DIVERSION : Evidence-Based Practice

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  1. Elfina L.Sahetapy Faculty of Law University of Surabaya Asia Pacific Council Juvenile Justice Second Meeting Phuket, 6 May 2015 PROBATION & DIVERSION :Evidence-Based Practice

  2. Amendment of Law  No 3 of 1997 to Juvenile Criminal Justice System Act No 11 of 2012. • seen irrelevent with the current legal developments and needs of the society. • the prior law did not provide a comprehensive child protection before the law. INTRODUCTION

  3. Minimum Age : from 8 to 12 years old • The terminology of Juvenile Delinquency change into Children Conflict with the Law • The Principle of Restorative Justice • Diversion is applicable New issues in new law

  4. There are 18 Juvenile Correctional Department in Indonesia, spreading of 33 provinces. Each provinces have 397 districts and 98 cities. (2015) • Human Resourches : Male 15.657 (2015) Female 4.108 • The data sources done by Directorate General of Corrections. DATA

  5. Juvenile in Correctional Department

  6. The capacity is overload. There is no privacy. • Transfer to adult prison. • Becoming victims. • No budget to build a new Juvenile Correctional Department. • There are 189 juveniles in drugs cases The problems

  7. Juvenile in detention

  8. Detention could be avoided if there is guarantee from their parents or institution. • Not repeating commit a crime during the time. • The juvenile offender has minimum age of 14 years old. • Crimes with requirement can be prosecuted with a maximum punishment for 7 years. • maximum detention is 7 days during investigation by the police. detention

  9. Crimes with requirement can be prosecuted with a maximum punishment for 2 years. • During the probation, is prohibited to commit a crime , and • have to finish their education as a compulsory • Maximum probation is 3 years. probation

  10. Behind Bars

  11. obtain reconciliation between perpetrator and victim; • to avoid the state from limiting child’s freedom; • to encourage the community participation; • to incept the sense of responsibility to children • Comparative Approach: The model of Diversion in Indonesia is slightly different  unique and interesting. The aim of Diversion in Article 6

  12. PROCESS OF DIVERSION EFFORT TO DIVERSION INVESTIGATION POLICE FAILED NEXT EFFORT TO DIVERSION PROSECUTION PROSECUTOR FAILED NEXT EFFORT TO DIVERSION COURT JUDGE FAILED PUNISHMENT

  13. Thank you for your attention

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