Supporting and Inhibiting Factors the Application of Diversion Programs to Cases of Child Sexual Violence in the Juvenile Justice System in Indonesia

Faculty of Law, University of Jenderal Soedirman, Purwokerto, Indonesia

^* Corresponding author: setyawahyudi_unsoed@yahoo.co.id

Abstract

Program of diversion in the Indonesian Juvenile Justice System, is intended to support the realization of protection for children, both children of criminal acts, and for children who become victims of criminal acts. Research on the implementation of diversion program, with the method of juridical normative and juridical sociological approach. Research location are Pati, Semarang, Banyumas, Purworejo, Surakarta and Pekalongan. Analysis method used quantitative methods. The results of the research are diversion program through informal mediation is appropriate and can realize the protection of victims of sexual violence, because the penal mediation decision is in the form of: compensation; treatment and psychosocial recovery; responsibility of sexual violence perpetrators; apology from the perpetrator so that the victim’s fear will be lost. Factors driving the application of diversified programs, such as conditions of mutual forgiveness between perpetrators and victims. Actors provide compensation, Persuasive support of law enforcement as mediators, religion involvement, youth, social services, psychologists, regret of the perpetrator for the inhibiting factors of the diversion program is that the existence of the desire of the victim for the case forwarded to the court, the parties do not understand the diversion program.