Developing Diversion Negotiation Model for Reconstructing Restorative Justice for Children Committing Criminal Acts, based on Local Culture at the Polrestabes, Medan

Madiasa Ablisar, M. Hamdan

2018

Abstract

Diversion is the process of diverting the settlement of legal case in children from litigation to non-litigation to achieve restorative justice. This concept is a local culture which is known as penal mediation which is basically a complete settlement in any criminal case of non-litigation. Today, negotiation is put aside and changed to western law and judicial administration which effectiveness in settling criminal cases in children is still doubtful so it needs to be reconstructed to get justice to restore the disadvantages suffered by the victims of criminal acts and society. Law No. 12/2011 gives opportunity for children who commit criminal acts to settle their cases through non-litigation. Substantially, this law is frail in giving an opportunity for multiple interpretations toward its norms. An investigator plays an important role in the process of diversion. A public figure also plays his role in the process of diversion in investigating a child who commits a criminal act about his background, history of his education, his family’s economic condition, and his family’s background. The process of diversion negotiation at the Polrestabes (City Sub-regional Police), Medan is carried out by conducting negotiation by giving an opportunity for each party to convey information and responses.

Paper Citation

in Harvard Style

Ablisar M. and Hamdan M. (2018). Developing Diversion Negotiation Model for Reconstructing Restorative Justice for Children Committing Criminal Acts, based on Local Culture at the Polrestabes, Medan.In Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramification Researches - Volume 1: ICOSTEERR, ISBN 978-989-758-449-7, pages 1524-1526. DOI: 10.5220/0010086215241526

in Bibtex Style

@conference{icosteerr18,
author={Madiasa Ablisar and M. Hamdan},
title={Developing Diversion Negotiation Model for Reconstructing Restorative Justice for Children Committing Criminal Acts, based on Local Culture at the Polrestabes, Medan},
booktitle={Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramification Researches - Volume 1: ICOSTEERR,},
year={2018},
pages={1524-1526},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010086215241526},
isbn={978-989-758-449-7},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Conference of Science, Technology, Engineering, Environmental and Ramification Researches - Volume 1: ICOSTEERR,
TI - Developing Diversion Negotiation Model for Reconstructing Restorative Justice for Children Committing Criminal Acts, based on Local Culture at the Polrestabes, Medan
SN - 978-989-758-449-7
AU - Ablisar M.
AU - Hamdan M.
PY - 2018
SP - 1524
EP - 1526
DO - 10.5220/0010086215241526