Restorative Diversion of Children in Conflict with the Law in Yogyakarta: An Analysis of Democracy, Trust, Citizenship

Jurnal Agregasi : Jurnal Aksi Reformasi Government Dalam Demokrasi Volume 11– Nomor 2, November 2023, (Hlm 191-204) DOI 10.34010/agregasi.v11i2.10998 Available online at: https://ojs.unikom.ac.id/index.php/agregasi Restorative Diversion of Children in Conflict with the Law in Yogyakarta: An Analysis of Democracy, Trust, Citizenship Ameylia Puspita Rosa Dyah Ayu Arintyas1), Hakimul Ikhwan2)* , Muhadjir Darwin3) and Policy Innovation Master Program, Gadjah Mada University, Jl.Tevesia, Bulaksumur Yogyakarta, 55281 Indonesia * Correspondence Author E-mail: , Telp: +6281391622708 123 Leadership Abstrak Indonesia telah menerbitkan diversi sebagai opsi hukum restoratif bagi anak yang berhadapan dengan hukum. Sayangnya dalam praktiknya masih menemui tantangan dalam legitimasi dari masyarakat serta operasionalitas. Pada Mei 2023, Balai Perlindungan Rehabilitasi Sosial (BPRSR) Dinas Sosial D.I. Yogyakarta melakukan rehabilitasi sosial pada 83 anak yang berhadapan dengan hukum. Isu ini penting untuk diteliti utamanya dengan disandingkan dengan kajian demokrasi, kepercayaan, dan kewarganegaraan, karena diversi praktiknya mensyaratkan adanya partisipasi. Penelitian ini berjenis kualitatif dengan key informan interview pada instiitusi Kementerian Sosial RI, Kementerian Hukum dan HAM RI, Dinas Sosial D.I. Yogyakarta, Dinas Pemberdayaan Perempuan Perlindungan Anak dan Pengendalian Penduduk DI Yogyakarta, BPRSR Dinas Sosial DI Yogyakarta, dan anak yang berhadapan dengan hukum. Hasil diperoleh bahwa selama tahun 2022 di DI Yogyakarta, 47 anak mendapatkan diversi, 4 gagal, 256 tidak memenuhi kriteria, dan 99 anak mendapatkan putusan pidana. Optimalisasi perlu dilakukan melalui peningkatan kapasitas serta kepercayaan dari masyarakat. Kata kunci: Anak Yang Berhadapan Dengan Hukum, Diversi Restoratif, Demokrasi, Kepercayaan, Kewarganegaraan Abstract Indonesia has established restorative justice through a diversion policy scheme for child importance, but has yet to be fully implemented due to a lack of legitimacy from the community and a lack of operational resources. In May 2023, there were just 83 children in conflict with the law in Yogyakarta who received social rehabilitation at Youth Social Protection and Rehabilitation Center (BPRSR) Provincial Social DI Yogyakarta. Therefore, researchers feel that research on this issue is essential because of its significant impact. This research used the perspective of democracy, trust, and citizenship to accommodate participatory values and obligations in restorative practices. Qualitative methods using critical informant interview data were used in this research. There are informant institution such as: Ministry of Social Affairs of the Republic of Indonesia; Ministry of Law and Human Rights of the Republic of Indonesia; Provincial Social Service D.I. Yogyakarta; Women's Empowerment Service, Child Protection and Population Control, Province, D.I. Yogyakarta; Provincial Youth Social Protection and Rehabilitation Center D.I. Yogyakarta; and Children in Conflict with the Law.The results are the are 47 success, 4 failed, 256 non eligible, and 99 come to penal justice. The number of penal justice (juvenile justice) cases is higher than the success of diversion that has been attempted. Besides restorative justice and restorative policies can accommodate democratic practices. However, for their implementation to be more optimal, there needs to be an increase in trust and civic awareness. Keyword: Children in Conflict with the Law; Restorative Diversion; Democracy; Trust; Citizenshi Copyright © 2023, Jurnal Agregasi, ISSN: 2337-5299 (Print), ISSN: 2579-3047 (Online) | 191 Jurnal Agregasi : Jurnal Aksi Reformasi Government Dalam Demokrasi Volume 11– Nomor 2, November 2023, (Hlm 191-204) DOI 10.34010/agregasi.v11i2.10998 Available online at: https://ojs.unikom.ac.id/index.php/agregasi INTRODUCTION Children in conflict with the law are people aged 12-18 years and are undergoing legal proceedings due to the crimes they have committed. Their crimes were a form of error in assisting their growth and development. The natural condition of children still requires active support from older people, especially family. They are not yet able to identify their rights and needs and need modeling from other people. As a result, children who conflict with the law cannot fully understand the legal process they are undergoing. Hence, they are unable to protect themselves from violations of their rights. Therefore, support is needed through legal assistance and other assistance related to increasing access to justice and being child-friendly (A'Court & Arthur, 2020). Prison, as a decision generally applied to those who commit crimes, has a series of challenges if children are educated there. Many legal and prison systems still need to meet their goal of being child-friendly. Implementing the right to education, personal development, and medical care is challenging due to limited institutional structures, human resources, and funding capacity (UNICEF, 2006). Therefore, internationally, fostering through juvenile detention is placed as the final option for judicial decisions. The diversion policy is a longstanding policy raised as a judicial option for children who conflict with the law. Diversion is an attempt to resolve child crime cases outside of court. Diversion is said to be able to protect children from legal processes that repress their selfdevelopment and avoid stigmatization as a result of being sent to prison. Children who conflict with the law will be directed to receive rehabilitation, psychosocial guidance, and other social services so that the focus is on building the character of children in conflict with the law to be better, not just as a punishment. Diversion must be conveyed with principles, consensus, and agreement on reintegration efforts to meet the needs of children (Lynch & Liefaard, 2020). The diversion system increases the potential for children in conflict with the law so that they do not have a permanent record so that they can participate fully and have ample opportunities to improve themselves in the future. In the diversion system, adhering to the values of restorative justice. Restorative justice is a form of participatory reconciliation between children in conflict with the law, child crime victims in conflict with the law, and law enforcers. This restorative justice is a form of collaboration in efforts to promote children's rights so that a cycle of child crimes does not occur that can repeat itself. Restorative justice is a process where all parties with an interest in a particular violation come together to resolve collectively how to deal with the consequences of the violation and its implications for the future" (Marshall, 1999). Through the value of restorative justice, the decision to foster children who conflict with the law in diversion or outside the justice system is not interpreted as injustice for the victim. Furtherm (...truncated)