Legal Literacy- This article discusses the types of child criminal offenses that can be resolved through the mechanisms regulated in the Juvenile Criminal Justice System Law (UU SPPA). This article explains the concept of diversion or restorative justice in the UU SPPA and the mechanism for resolving cases through penal mediation. This article also explains the stages in the implementation of diversion, namely diversion efforts, diversion deliberations, diversion agreements, and implementation of diversion agreements.

This article provides information about the types of criminal acts that can be resolved through diversion, the conditions that must be met to carry out diversion, and the results of diversion agreements that can be achieved.

Types of Criminal Acts that Can Be Resolved Through the Mechanisms Regulated in the UU SPPA

Law Number 12 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) clearly affirms the existence of a penal mediation model practice, which appears in the general provisions of the UU SPPA with the term restorative justice or diversion, which in essence is about the implementation of mediation.

Article 7 of the UU SPPA explains that the penal mediation mechanism in criminal acts committed by children or what is commonly referred to as “diversion” is carried out at the investigation, prosecution, and examination of Children's cases in the district court, even up to guidance during the process of carrying out criminal sanctions or actions and after undergoing criminal sanctions or actions. Diversion is the transfer of settlement of children's cases from the criminal justice process to settlement outside the criminal justice process. Diversion is carried out in the event that the type of criminal act committed:

  1. Is threatened with imprisonment of under 7 (seven) years; and
  2. Is not a repetition of a criminal act.

In relation to these two requirements, it can be understood that every Children's case that does not meet both or one of these requirements, then diversion efforts are not carried out for the case and it is resolved through the judicial process.

According to Article 10 of the UU SPPA, the penal mediation mechanism can be carried out for criminal acts in the form of violations, minor criminal acts, criminal acts without victims, or the value of the victim's loss is no more than the local provincial minimum wage.