Indonesian Journal of Police Studies
Vol. 5 No. 1 (2021): January, Indonesian Journal of Police Studies

Narcotics and Children: How diversion mechanism could be an effective way?

Oktarina, Tri Nurmega (Unknown)



Article Info

Publish Date
04 Feb 2021

Abstract

Narcotics abuse was become a very serious crime, and it also affected to child. Some facts and cases showed that many children have been caught in drug abuse. This paper tries to discuss and examine about diversion mechanism for narcotics abuse done by children in the perspective of law and justice approach. The research emphaszied and found that the implementation of diversion against child of perpetrator of narcotics crime pursuant to Law No 11 of 2012 concerning Juvenile Criminal Justice System from position of law of diversion to child abuse of narcotics in developmental perspective criminal law is a non-panel policy measure for handling child perpetrators of child criminal acts as their handling is transferred to the juvenile justice system. Related to the handling of children of narcotics abuse, the main problem that arises from the criminal justice process of a child or criminal decision is the stigma attached to the convict of narcotics abuse after the completion of the criminal justice process tends to increase the abuse of narcotics conducted by the child. The diversion concept set forth in the Indonesian justice system is putting the obligation to divert in any judicial proceedings (investigation, prosecution, trial) of the diversion settings against the perpetrators, the future narcotics crime concept of implementation is only a component and improved the structure of the Juvenile justice system as an alternative to formal criminal justice by placing diversionary efforts in every stage of the judicial process (investigation, prosecution and civil law). Future divergence concepts not only as an alternative to the just legal system but the diversion that really excludes the process of diversion itself.

Copyrights © 2021






Journal Info

Abbrev

ijps

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Indonesian Journal of Police Studies (Indonesian J. Police Stud.) (ISSN Print 2722-452X ISSN Online 2722-4538) is a double blind peer-reviewed journal published by the Indonesian Police Academy. This journal contains research and review articles related to the study of police ...