PENERAPAN DIVERSI DALAM TINDAK PIDANA PERSETUBUHAN OLEH ANAK PADA PROSES PENYIDIKAN (Studi di Kepolisian Resor Pasuruan)

Diversion based on Law no. 11 of 2012 concerning the Juvenile Criminal Justice System is the transfer of the resolution of juvenile cases from the criminal justice process to a process outside criminal justice. Children's cases are required to prioritize a restorative justice approach, namely by seeking diversion in every criminal justice process. In terms of cases of sexual intercourse committed by children, 22 cases were filed with the Pasuruan Resort Police during the last 3 years. From the cases received, research will be carried out regarding the process of implementing diversion at the Investigation stage at the Pasuruan Resort Police. In order to obtain data on the diversion process, this research uses a juridical sociological approach. The approach method is to look at the law based on the provisions of applicable laws and regulations by linking to legal theory, as well as looking at its application during research. Of the 22 sexual intercourse cases submitted to the Pasuruan Police in the last 3 years, there were 10 cases where an agreement was reached for diversion, and 12 cases where an agreement was not reached. The key to successful diversion is that the perpetrator (child) has admitted his actions and promised not to repeat his actions again, so that the victim forgives and is willing to resolve the case through diversion deliberations. Meanwhile, diversion was unsuccessful because the victim was reluctant to forgive the child so he was reluctant to resolve the case through diversion deliberation. The rights of children as perpetrators in the investigation of criminal acts of sexual intercourse: (a) the right to education (b) the right to legal aid (c) the right to worship (d) the right to health services (e) the right to be protected from targets of abuse (f ) the right to arrest and detention in accordance with the law (g) the right to be treated humanely and placed separately from adults, provision of special facilities and infrastructure, provision of guarantees to maintain relationships with parents and family, protection from providing identity through social media and labeling.