Protecting all citizens is an obligation for the state, as mandated by the
constitution, stated in the preamble of the 1945 Constitution, and includes
protecting children. Reality shows that some children commit behavior that
violates legal norms a result, these children have to deal with law enforcement
officials and the judicial process. The purpose of conducting research is to find
out and analyze an overview of the implementation of diversion by the
Purbalingga Police for children in conflict with the law and what are the obstacles
faced by the Purbalingga Police in implementing diversion for children in conflict
with the law.
This research method is an empirical juridical, approach by looking at the
reality in practice in the field. The result of this study is that the application of
diversion is not implemented in all cases, but must have criteria, namely: the case
is punishable by imprisonment under 7 (seven) years and not a repetition by the
perpetrator. The process of implementing diversion involves several parties,
namely the Police, Social Advisors (PK) from Correctional Services (Bapas),
Social Workers (Peksos) from the Social Service, Purbalingga District Court,
Reporting parties and their families, Reported Parties and their families,
community leaders if necessary, the school if the perpetrator is still in school.
The process of handling children who conflict with the law is not always
implemented through the courts, alternatively, it can be done through channels
outside the court, namely through diversion which is used as a process of
diverting the settlement of child cases outside the court. The advice that the
authors can give from the results of this research is that the police and other law
enforcement agencies in handling cases of children in conflict with the law should
prioritize the application of diversion and apply consistently and consistently the
provisions regarding diversion that have been contained in the applicable laws and
regulations.