<![CDATA[This study aims to analyze the application of diversion for a child perpetrator of a narcotics offense in Court Decision Number 3/Pid.Sus-Anak/2023/PN Jkt.Brt, as well as the factors considered by the judge in rendering the verdict. This is a normative legal study of a descriptive-analytical nature, employing statutory, case, conceptual, and historical approaches. The findings indicate that diversion could not be implemented in the case at hand because the penalty prescribed under Article 113 paragraph (2) in conjunction with Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics exceeds the seven-year maximum limit stipulated in Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System as a prerequisite for diversion; consequently, the child who was actually in an unequal and exploitative power dynamic with an adult perpetrator was processed through the formal judicial system. The study recommends harmonizing the diversion threshold in Law Number 11 of 2012 with the restorative justice threshold in the new Criminal Procedure Code, and highlights the need for affirmative regulations that explicitly acknowledge the status of the child as a victim of criminal exploitation (child criminal exploitation) within organized narcotics offenses.]]>
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