Abstract
The purpose of this study to know and analyze the mechanisms used in the investigation of children in conflict with the law against narcotic crime, the provision of diversion for children who are in conflict with the law in narcotic crime, obstacles and solutions in the process of diversion for children who are in conflict with the law in narcotics. This research uses the approach method of normative juridical and sociology juridical methods, the specifications in the study are analytical descriptive, population and sampling methods are all objects or all symptoms or all events or all units to be studied, data collection techniques using literature studies and interviews, analysis the data used are qualitative, using the theory of law enforcement, the theory of expediency and the theory of justice. Research result: Act No. 11 of 2012 on the Child Criminal Justice System. Giving diversion for criminal acts without victims also must be diversified. Crimes without victims such as narcotics abuse, children who become narcotics abusers are categorized as victims. Internal barriers, agreement between the victim and the child in conflict with the law; Human Resources (HR). External barriers, limited facilities and infrastructure; Different understandings; Lack of coordination; Community understanding of diversion; Regulation regarding supervision of the implementation of the agreed version of the agreement. Efforts to overcome internal barriers: Develop a work plan, include training investigators and educate. Efforts to overcome external barriers: Optimize facilities and infrastructure; Using social welfare personnel in the diversion process; Establish intensive communication with other law enforcement officers; Improve coordination with community mentors; Hold socialization.Keywords: Investigation; Children; Legal Conflict; Criminal Acts; Narcotics.
Highlights
Article 1 paragraph (2) of the Criminal Procedure Code provides explanations regarding investigations, namely a series of investigative actions in terms of and in the manner stipulated in this Law to search for and collect evidence about criminal offenses, with which the evidence makes clear about criminal acts that occur and to find suspects
Based on research conducted by the author in the Semarang Police Jurisdiction, the mechanism used in the investigation of children in conflict with the law is associated with existing rules, namely Act No 11 of 2012 on the Criminal Justice System for Children (SPPA Law), for the case of the Child there is a mechanism known to transfer the settlement of the case from the criminal justice process to a process
The case above is with a child offender in the Semarang police area with a suspect MAS bin S, DRII bin K and GA bin M were not diversified as mandated by Act No 11 of 2012 on the Child Criminal Justice System, all child offenders, whether a criminal threat of less than 7 years and more than 7, must be diversified according to the mandate of the law, both from the investigation process, investigation and detention must refer to all special rules regarding children
Summary
Article 1 paragraph (2) of the Criminal Procedure Code provides explanations regarding investigations, namely a series of investigative actions in terms of and in the manner stipulated in this Law to search for and collect evidence about criminal offenses, with which the evidence makes clear about criminal acts that occur and to find suspects. Indonesian society and even the world community in general are currently facing a very alarming situation due to the rampant illegal use of various types of drugs This concern is further exacerbated due to the widespread illicit exposure of drugs that have spread throughout all walks of life, including among the younger generation. The role of investigators becomes very vital in the process of law enforcement against drug offenses involving children, because investigators must be able to package investigations against children in a family atmosphere in accordance with what is mandated in Law of the Republic of Indonesia No 11 of 2012 on the Juvenile Justice System, as well as seeking diversion to provide protection to children. What are the obstacles and solutions in the diversion process for children who are in conflict with the law in narcotics crime in the area of Semarang Police Jurisdiction? The formulation of the problem in writing this research is: How is the mechanism used in investigating children in conflict with the law related to the existing rules in narcotics crime in the Semarang Police Jurisdiction?; How is the provision of diversion to children who are in conflict with the law in narcotics crime in the Semarang Police Jurisdiction? and What are the obstacles and solutions in the diversion process for children who are in conflict with the law in narcotics crime in the area of Semarang Police Jurisdiction?
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