Diversion as an effort to resolve juvenile criminal acts based on the theory of dignified justice

Abstract

This paper examines the concept of diversion within Indonesia’s juvenile justice system, emphasizing its alignment with the Theory of Dignified Justice and the Pancasila legal system. Diversion, as defined in Law No. 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA), is the redirection of juvenile case resolutions from formal judicial processes to alternative mechanisms. While the statutory definition implies a process outside the judicial framework, this understanding raises questions about judicial oversight and its compatibility with the principle of the rule of law enshrined in Article 1, Paragraph (3) of the 1945 Constitution. Using a systemic approach, this study argues that judicial involvement is essential for maintaining legal certainty, justice, and dignity in the diversion process. Case studies, such as judicial determinations formalizing diversion agreements, demonstrate the necessity of integrating judicial oversight. This paper proposes legislative reforms, standardization of practices, and capacity-building initiatives to strengthen the implementation of diversion in Indonesia. These recommendations aim to align the concept of diversion with the broader objectives of restorative justice and the philosophical foundations of dignified justice.