Diversion in Juvenile Cases from the Perspective of Legal Utility (A Case Study of the PPA Unit of Ternate Police Resort)

Abstract

This study is grounded in the growing concern over the negative impacts of conventional criminal justice mechanisms on children, particularly the persistence of stigmatization, psychological harm, and barriers to social reintegration. In many cases, punitive approaches fail to accommodate the developmental characteristics and rights of children, thereby necessitating alternative mechanisms that prioritize protection and rehabilitation. This study employs an empirical legal approach to examine the implementation of Diversion for Children in Conflict with the Law (CCL) from the perspective of legal utility through a case study at the PPA Unit of Ternate Police. Data were collected through interviews with children, parents, and investigators, along with a literature review of laws and official documents. The study finds that Diversion at the investigation stage is not merely an optional procedure but an imperative mandate grounded in the protection of the child’s dignity and rights. The process shifts the penal paradigm from retributive to restorative, eliminating criminal stigma, psychological trauma, and school dropout while enhancing reconciliation with victims and providing a second chance for the child. Investigators act as peace facilitators, involving Bapas and social workers in the Diversion deliberation. From the perspective of Jeremy Bentham’s Utilitarianism, Diversion is effective as it balances the minimization of suffering and maximization of happiness for children, parents, victims, and the state, including efficient case management. Thus, Diversion is not merely a formal cessation of investigation but an effective social instrument to protect the younger generation from the destructive impact of the conventional criminal justice system.