NURINI APRILIANDA, 090710388 D (2011) DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK SEBAGAI UPAYA PENCEGAHAN STIGMATISASI ANAK. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The formal criminal justice process is potentially damaging for children. Therefore we need to consider nonformal alternative treatments for juvenile case based on the best interest of the child to avoid stigmatisation. The aims of this research is to identify and to analyse stigmatisation as an implementation of juvenile justice system, to identify and to analyse some juridical factors involving on child stigmatisation and to evaluate diversion concept as an alternative effort in order to prevent child stigmatisation on juvenile justice system. Based on theory, this research can contribute on developing juvenile criminal science. More over, it can be reform law related to diversion concept as an alternative effort in order to prevent child stigmatisation on juvenile justice system. On the other hand, practically this research give significant contribution to improving regulation concerning with juvenile on juvenile justice system in line with the best interest of the child principle. In addition, this researchh can provide alternative effort in order to solve juvenile problem on juvenile justice system. This research is a normative legal research which use statuta approach, comparative approach, case approach and conceptual approach. The research shows that juvenile justice process is not prevent juvenile delinquency. In fact, it created more juvenile delinquent in number. Stigmatisation which put on the child tend to make they continue their deviation behaviour. The current, juvenile justice process is emphasized on formal dispute settlement. Diversion concept can be used as as an alternative effort in order to prevent child stigmatisation on juvenile justice system. Diversion can encourage people to do program or activities in order to prevent prosecution which will impact on stigmatisation and labeling to the child.

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