Problems of Diversion System Application in The Case of Children as Actorscrime of Narcotics are Based Restorative Justice

Abstract

The diversion process is carried out through deliberations involving children and their parents, community counselors, and professional social workers, which is carried out with a restorative justice approach. In the paper, the author puts legal concepts incorporation are positive norms in the national legal system and concepts are symbolic meanings manifestations on social behavior as visible interactions. This study uses a research method with a juridical empiric research approach, directed to obtain secondary data and primary data sourced from library materials and from legislation implementation. Law No.11/2012 concerning the Children Criminal Justice System has considered aspects in the Criminal Law Politics, especially the formation of criminal legislation with regard to aspects of social defense and social welfare. The diversion policy is in line with the values of Indonesian society’s legal culture through Law No.11/2012 functions as a social engineering tool. Law No.35/2009 concerning Narcotics, explains generally about criminal sanctions for narcotics intermediaries but does not specifically regulate criminal sanctions for children who are narcotics couriers. The diversion process should not be confined to the limit of imprisonment under 7 years. Since the International Law principles, where diversion must prioritize the best children interests in order to achieve Restorative Justice for children.