PENERAPAN DIVERSI DALAM PERKARA PELANGGARAN LALU LINTAS YANG MENYEBABKAN KECELAKAAN ORANG LAIN YANG DILAKUKAN OLEH ANAK DI KOTA SAMARINDA

Abstract

Abstract

Diversion is an effort to resolve cases committed by children who are in conflict with the law by involving victims and perpetrators and their respective families, which are expected to produce an agreement that is not punitive but still prioritizes the interests and responsibilities of the offender's child. criminal, victims, and society and guarantee the human rights of children in conflict with the law.

This study aims to determine the application of diversion in cases of traffic violations that cause other people's accidents by children in the city of Samarinda and to find out the constraints of applying diversion in cases of traffic violations that cause other people's accidents committed by children in Samarinda city.

This research was conducted at the Kapolres Kota Samarinda by using data collection techniques, namely interviews.

Primary data, secondary and tertiary data obtained are then processed and analyzed qualitatively and presented descriptively. The results obtained from this study were the application of diversion in traffic accidents at the Samarinda Police. The results showed that the police, especially at the Samarinda Police who handled traffic accidents, had implemented the principle of diversion optimally, the form of child crime could be pursued through diversion in Samarinda City with the condition for children whose threat period is under 7 (seven) years is obliged to use Diversion.

The purpose of the diversion itself is so that children in conflict with the law are not stigmatized as a result of the judicial process they have to carry out and avoid negative effects on the child's psyche and development. Diversion is the best effort that can be done to protect the rights of the child perpetrators of crime and instill a sense of responsibility to the child. And the application of diversion in traffic accidents has obstacles because it is more about the formulation of a compensation agreement that the victim wants and the ability of the party. the perpetrator and the family of the perpetrator of a criminal act, causing frequent disputes and resulting in difficulties in obtaining a good and fair agreement by both parties.