Implikasi Penyelesaian Perkara Anak Pelaku Penyalahguna Narkotika melalui Mekanisme Diversi dalam Perspektif Perlindungan Anak

Abstract

In general, the definition of diversion is the transition of settlement of child cases from criminal justice processes to processes outside criminal justice. In which, the diversion processes will apply a restorative justice approach as the goal of punishment in handling cases of child drug abusers. Nowdays, punishment is not the best solution for children. Imposing imprisonment for children who commit narcotics offenses becomes lame when Law Number 11 of 2012 Concerning the Child Criminal Justice System and Law Number 35 of 2009 concerning Narcotics, which emphasizes the rehabilitation process for addicts and narcotics abusers, are not implemented by the authorities. law enforcer. In addition, this thesis discusses and describes the factors that cause children to abuse narcotics, law enforcement against children of narcotics abusers through diversion mechanisms, and their implications for solving cases of children who abuse narcotics from a child protection perspective. This research is a normative juridical study, where the author examines the law which is then linked to the extent to which these regulations are applied and applicable in society. The results of this study reveal the factors that cause children to become offenders of narcotics crimes, which consist of internal and external factors, then law enforcement against children of narcotics abusers through a diversion mechanism must be carried out at all levels of the legal process both at the Pre-Adjudication, Adjudication, and Post Adjudication stages. This is in accordance with the Philosophy of Child Criminal Justice, which is to realize children's welfare and avoidance of retaliation, and its implications for the settlement of cases of children who abuse narcotics from a child protection perspective in 2 Decisions
 Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt, and Decision Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt, the fact is that no evidence has been found that diversion has been attempted, even though in the trial process the reference is made for the Juvenile Criminal Justice System. Whereas in a case that is almost similar through the Surabaya District Court Decision Number 111/Pid.Sus-Anak/2014/PN.Sby successfully attempted by diversion, so that differences in decisions or decisions can result in legal uncertainty and harm the interests, welfare and protection of children.