DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA

Diversion as an alternative to out-of-court settlement faced both theoretical and practical challenges. In the context of traffic offenses committed by minors, the practice of diversion encountered legal uncertainties about whether it could effectively address the core issues. The dilemma arose from...

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Main Authors: Syawal Abdulajid, Anshar Anshar, Ahmad Mufti, Suwito Suwito
Format: Article
Language:English
Published: Universitas Lampung 2024-06-01
Series:Cepalo
Subjects:
Online Access:https://jurnal.fh.unila.ac.id/index.php/cepalo/article/view/3294
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author Syawal Abdulajid
Anshar Anshar
Ahmad Mufti
Suwito Suwito
author_facet Syawal Abdulajid
Anshar Anshar
Ahmad Mufti
Suwito Suwito
author_sort Syawal Abdulajid
collection DOAJ
description Diversion as an alternative to out-of-court settlement faced both theoretical and practical challenges. In the context of traffic offenses committed by minors, the practice of diversion encountered legal uncertainties about whether it could effectively address the core issues. The dilemma arose from the need to enforce the law while also protecting the rights of children as mandated by the Juvenile Justice System Law. This paper reviewed the practice of diversion in resolving traffic offenses by minors in North Maluku, aiming to assess its effectiveness and explore its role as a tool of social engineering. The research employed a doctrinal legal research model with a juridical-normative approach. Findings indicated that diversion practices in North Maluku, particularly for traffic offenses committed by minors, were ineffective due to several factors: regulatory deficiencies, lack of competence among enforcement personnel, and the prevailing legal paradigm within the community. From the perspective of law as a tool of social engineering, diversion alone was insufficient without subsequent measures to address traffic crimes committed by minors, necessitating the reconstruction of the legal culture and enhancement of public awareness to foster traffic order and safety.
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institution Kabale University
issn 2723-2581
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language English
publishDate 2024-06-01
publisher Universitas Lampung
record_format Article
series Cepalo
spelling doaj-art-57a277e8a8654b57a9292c144d8ec3de2025-02-04T02:12:20ZengUniversitas LampungCepalo2723-25812598-31052024-06-0181697810.25041/cepalo.v8no1.32942024DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIASyawal Abdulajid0Anshar Anshar1Ahmad Mufti2Suwito Suwito3Faculty of Law Universitas KhairunFaculty of Law, Universitas KhairunFaculty of Law Universitas KhairunFaculty of Law Universitas Yapis PapuaDiversion as an alternative to out-of-court settlement faced both theoretical and practical challenges. In the context of traffic offenses committed by minors, the practice of diversion encountered legal uncertainties about whether it could effectively address the core issues. The dilemma arose from the need to enforce the law while also protecting the rights of children as mandated by the Juvenile Justice System Law. This paper reviewed the practice of diversion in resolving traffic offenses by minors in North Maluku, aiming to assess its effectiveness and explore its role as a tool of social engineering. The research employed a doctrinal legal research model with a juridical-normative approach. Findings indicated that diversion practices in North Maluku, particularly for traffic offenses committed by minors, were ineffective due to several factors: regulatory deficiencies, lack of competence among enforcement personnel, and the prevailing legal paradigm within the community. From the perspective of law as a tool of social engineering, diversion alone was insufficient without subsequent measures to address traffic crimes committed by minors, necessitating the reconstruction of the legal culture and enhancement of public awareness to foster traffic order and safety.https://jurnal.fh.unila.ac.id/index.php/cepalo/article/view/3294criminaldiversionjuvenile justicesocial engineering
spellingShingle Syawal Abdulajid
Anshar Anshar
Ahmad Mufti
Suwito Suwito
DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA
Cepalo
criminal
diversion
juvenile justice
social engineering
title DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA
title_full DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA
title_fullStr DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA
title_full_unstemmed DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA
title_short DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA
title_sort diversion practices in juvenile traffic crime investigations as a social engineering tool a case in north maluku indonesia
topic criminal
diversion
juvenile justice
social engineering
url https://jurnal.fh.unila.ac.id/index.php/cepalo/article/view/3294
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