Efforts to Divert Children in Conflict with Narcotics Crime Laws Are Linked to the Juvenile Criminal Justice System (SPPA)

Abstract

The aim of this research is to determine and analyze the application of diversion to children who are dealing with narcotics crime laws in the juvenile criminal justice system. To find out and analyze the diversion efforts of children who are in conflict with narcotics crime laws linked to the Juvenile Criminal Justice System (SPPA). The method used by researchers is a normative legal approach and the specifications in this research include descriptive analysis. The source and type of data in this research is secondary data obtained from literature study. Based on the results of the research, the application of diversion towards children who are in conflict with the law of narcotics crimes in the juvenile criminal justice system is viewed from the legal position of diversion towards children who abuse narcotics in the perspective of the development of criminal law is a non-penal policy step for handling children who are perpetrators of juvenile crimes, because the handling is diverted from the path of the juvenile justice system. Diversion starts from the assumption that the process of handling children through the juvenile justice system is more likely to be negative than positive for child development. In connection with the handling of children who abuse narcotics, the main problem arising from the juvenile criminal justice process or a criminal decision is the stigma attached to those convicted of narcotics abuse after completion of the criminal justice process. Efforts to diversion children who are in conflict with the Narcotics Crime Law are linked to the Juvenile Criminal Justice System (SPPA) is an effort to divert children who behave deviantly or commit crimes so that better solutions can be carried out, without ignoring the interests and welfare of children, and appropriate action can be taken. Appropriate to the child's needs and interests. This transfer or diversion policy is the best solution that can be used as a formula in resolving several cases involving children as perpetrators of criminal acts, especially in handling children who abuse narcotics. So it will be more precise in determining the actions (treatment) that need to be applied to it.