Yayasan Pusaka Indonesia Potential and Constraints in the Implementation of Diversion and Restorative Justice In Relation to the Role and Responsibilities of Law Enforcement and the Societies Research In 6 Cities in Indonesia. City of Banda Aceh, Medan, Palembang, Jakarta, Surabaya, Makassar City Yayasan Pusaka Indonesia Bangkok, 1-4th September 2014

Birth of Law No.11 of 2012 on the Criminal Justice System of Children Revision of Law NO. 3 of 1997 on the Criminal Justice System on Children. A child is a God's mandate that has future goals as a successor generation of the nation. Children are always considered, that when committing a crime, by law he can not be categorized solely responsible for (full responsibility) of the offenses already done. Imprisonment is not the solution for children as criminals.

Conditions Juvenile Prisoners In the records of the Indonesian Child Protection Commission (KPAI), more than 7000 Children in conflict with laws as criminals entered the judicial process each year. While the data obtained from Dirjenpas of the Ministry of Law and Human Rights of Republic of Indonesia in July 2013, there were 7223 children who were in custody and prisons throughout Indonesia, consisting of 3,076 children with the status of prisoners, 4,091 inmates and 56 with the status as State’s children. Of the child above 7223, 2,357 children were placed in 18 Juvenile Penitentiary , while the remaining 4,866 children were placed in Adult Prison.

Causes of Imprisonment as a punishment for a child The relatively low understanding of law enforcers over the important principles related to the Best Interest of the Child, especially for children in conflict with law. The lack of a more technical rules (instructions executing on the field) on how non-penal decisions that must be executed at an empirical level. Lack of facilities and infrastructure in the part of law enforcers to provide maximum service to the children in conflict with law. If the transfer of punishment (diversion) or patterns of settlement out of court settlement (with the principle of restoration) are meant to be run, there has not been the same perception on the definition and model of diversion and restorative justice various among law enforcement officers . The police will then be having courage to conduct or initiate diversion upon the fact that there is an amicable agreement made between the victim and the suspect.

Government’s Readiness in implementing Law No. 11 In 2012 The absence of Child Investigator and Child Prosecutors, enshrined within the Police Force and of the Attorney, Vide Article1 verse (8),(9) The unavailability of Special Child Development Institute, hereinafter abbreviated “LPKA”, an institution or place where the child is undergoing his/her criminal terms. The unavailability of the Child Placement Agency, hereinafter abbreviated While LPAS, it is temporary for Children during the judicial process takes place. The relatively inadequate facilities and Infrastructures of the BAPAS (Community Research Institute - CRI) The minimal number of officers CRI in comparrission with the wide scope of working area.

Obligations and duties Law Enforcers In conducting an investigation into the Child, the investigator shall ask for consideration / written advice of officers Supervising Social / PK / Bapas following criminal offenses reported / complained (see Article 27 (1)). Results of Community-based Research must be submitted by Bapas (CRI) to the investigator within a period of 3 x 24 hours after the request is received by investigator (see chapter 28). Investigators are obliged to seek for diversion within a period of seven (7) days after the investigation begins (see article 29 (1)). Diversion process is carried out not later than 30 days after the start date of the diversion (see section 29 (2)).

The role of community Making various efforts of community-based consensus as a means of resolving conflicts between the victims and the perpetrators. Providing feedback to the Legal Enforcers either as a witness or a companion for the settlement of cases of children.

Methods and procedures for Diversion and RJ in Indonesia Consultations involving the child and parent / guardian, the victim, Supervisor of Community and Professional Social Worker based approach to restorative justice (Article 6 and Article 8 paragraph (1)). The results of the deliberations in the diversion is included within recommendation by the Supervising Investigator in the form of Community Diversion Agreement (Article 10, 11, 12). Results of Diversion Agreements is submitted directly to the immediate responsible supervisor at any level of scrutiny to the district court no later than 3 days to obtain a determination (Article 12 paragraph (2) and paragraph (3)).

Continued ….. Once the determination is issued then such determination shall be submitted to Community Advisor, Investigator, Prosecutor General, or Judge within a period of 3 (three) days as of being dtermined and the investigator will issue a termination of prosecution (Article 12 paragraph (4) and (5)). Community Advisors are required to provide assistance, guidance and supervision of the implementation process of diversion agreements and report it to officers in charge at each level of examination (Article 14). Within a maximum period of 7 days, the officer in charge shall follow up report (Article 14 paragraph (4)) and the juvenile justice process is resumed (Article 13).

The role of Yayasan Pusaka Indonesia as A Child Protection Agency Conducting efforts of diversion and RJ in the case of adultery on May 12, 2014, in the office of Yayasan Pusaka Indonesia by involving BPAS (CRI), Community Leaders, Social Workers of the Ministry of Social Affairs, the Indonesian Commission for Child Protection of North Sumatra, the victim and the families and the perpetrators and the families. Parents of both victim and perpetrator had forgiven each other and agreed to cease the case from going further. Investigators issued the Letter of Case Settlement.

Diversion Process: signing documents Forgiving each other

Parties involved in the diversion process

thank you Terima kasih