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Beyond Procedural Exit: Integrating Therapeutic Jurisprudence into Indonesia’s Juvenile Diversion Framework

Year: 2026

Type: article

Abstract: This research is grounded in the fact that Indonesia’s Juvenile Criminal Justice System Act (Law No. 11/2012) formalizes diversion, yet it defines success only as a procedural departure from formal adjudication. The aim of this study is to incorporate therapeutic jurisprudence into the framework so that diversion shifts from a simple binary case-disposal tool to a legally delimited recovery process. The method employed is doctrinal legal research, using statutory, conceptual, and comparative approaches. The findings indicate that a procedural exit frequently occurs alongside coercion and untreated trauma. Comparative analysis of models from New Zealand, Canada, England, and Australia shows that qualitative justice depends on designing flexible legal safeguards, specifically through a six-safeguard Therapeutic-Restorative Diversion Model, to reconcile discretionary enforcement with children’s rights. The conclusions are that Indonesian reform should not assess diversion solely through administrative completion rates, but instead through therapeutic quality, compliance with rights, and sustainable reintegration backed by inter-agency standards.

Source: Jurnal Pembangunan Hukum Indonesia

DOI: 10.14710/jphi.v8i2.426-446

Authors: Anak Agung Ayu Ngurah Tini Rusmini Gorda, Zico Junius Fernando, Luh Putu Yeyen Karista Putri, Made Sinthia Sukmayanti

Institutions: University of National Education, University of Bengkulu, Monash University

Language: English

Topic: Legal and Social Justice Studies

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

Open Access status: diamond

OpenAlex ID: W7225735434

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