Implementation Of Diversion As A Restorative Justice Approach To Child Performers In Narcotics

Abstract

The research problem is how to solve children who commit narcotics crimes in the conception of legal certainty and how to implement diversion against children who commit narcotics crimes in the Tangerang City area in the construction of the legal system. The research method uses sociological juridical. The type of research used is a research that combines Normative Legal Research and Empirical Legal Research. The data sources for this research are primary data and secondary data. This research is classified as research with qualitative data types, namely by processing the results of a literature study. The results of this study indicate that children who abuse narcotics are children who are victims of their own actions so that children who abuse narcotics are considered victims, not perpetrators of crime. And there are many provisions regarding restorative justice, whether issued by the Supreme Court, the Attorney General's Office, the police, or from other institutions. So as a restorative justice approach as an effort to resolve cases, namely seeking the application of diversion against narcotics abuse for children, it is carried out with deliberation procedures in accordance with the Law on the Juvenile Criminal Justice System and the appropriate action for child offenders is rehabilitation. With this restorative justice approach as a settlement effort at the investigation level without going through a judicial process involving all parties. This research is also expected to be a reference material for law enforcement officers in realizing legal certainty efforts.