The Philosophical Basis for the Formulation of the Stipulation of Diversion Implementation Outside Criminal Justice System within the Frame of Child Protection and Welfare

摘要

Child is mandate and gift from the God. They have dignity and potential that will shape their future. Also, they have role in shaping the nation’s history. The mirror reflecting the nation’s character in the future also lies in their hands. During the period of their growth, children often have to face legal process because of what they do. There are many children proven guilty of crime and they are punished.The Law Number 11 Year 2012 on the Criminal Justice System For Children regulates diversion for children having conflict with the law. The diversion process function by taking a child out of formal criminal justice for the child. However, diversion regulated in the Article 7 point (1) of the Law on the Criminal Justice System for Children is also implemented in the Criminal Justice System For Children by the investigator, prosecutor and the judge. Unfortunately, this practice can place stigma upon a child.Referring to result of research and analysis, some experts say that there are philosophical basis of international laws and national laws that can be used as the philosophical foundations for the formulation policy of the regulation for the implementation of the diversion outside criminal justice system. It is aimed at protecting children and maintaining their welfare as well as preventing children who have legal conflicts from stigma and labelling It is also directed towards protection of children from violence caused by criminal justice process.