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ISSN : 2581-5148

Title:
POWER RELATIONS OF CHILDREN FACING THE LAW IN THE APPLICATION OF DIVERSION

Authors:
Fatwa Nurul Hakim, Drajat Tri Kartono and Argyo Demartoto

Abstract:
Handling of children in conflict with the law is still oriented towards punishment. This qualitative descriptive study aims to explain the power relations of children who face the law in the application of diversion. Qualitative research using a phenomenological approach in the Special Region of Yogyakarta with the selection of informas by purposive sampling. Data collection techniques with indepth interviews. The validity of the data by triangulating sources and methods, then analyzed using an interactive model. The results showed that the power relation of children in conflict with the law and family occurred in the diversion process, there was a balanced and mutually reinforcing relationship, because the family tried to run the diversion process so that the child was spared from imprisonment. The power relation of children in conflict with the law and schools occurs because the mandate of the school as an educational institution has a duty to educate children, and children must obey what has been set at school. The power relationship between children who are in conflict with the police has an unbalanced relationship because the police have the duty to take action against children who violate the law, even though the police must also commit to carry out the diversion process for children who are in conflict with the law. Likewise, the child's relationship with the law and the prosecutor's office, in this case the judge, is because the judge decides the sentence for this deviant act, and the child must comply with what has been determined. The power relation of children who are faced with the law with peers occurs in a balanced relationship, because there is solidarity between the child and his friend so that there are actions that are helping each other. The power relation of children in conflict with the law and social workers occurs in a balanced relationship because social workers seek diversion to avoid imprisonment and social workers become the main performance indicators if they can accompany the diversion process even up to the decision process. Likewise, the child's relationship with child protection agency assistants and with Bapas

Keywords:
Power relations, Children in conflict with the law, Diversion

DOI:
http://dx.doi.org/10.37500/IJESSR.2021.4107

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