Impact of Diversion Determination for Children of Narcotics Abuse Reviewed in Sociological Perspective

Abstract

. This study aims to examine the application of the determination of diversion for children who abuse narcotics and the impact of the determination of diversion for children who abuse narcotics in terms of a sociological perspective. The type of this research is Field Research or field research, using a sociolegal approach and qualitative data analysis. The results of this study indicate that for children who abuse narcotics, diversion can be carried out by considering the principle of feasibility based on the considerations of law enforcement on the basis of the laws and regulations that govern it, and involving children, parents, police, public prosecutors/prosecutors, judges, and other parties involved. in Diversion. Diversion can be carried out at 3 (three) levels, namely Investigation, Prosecution, and Trial. In the case stipulated by Letter Number 9/Pen.Div/2020/PNTgl which is the object of this research, Diversion is carried out at the Investigation stage with facilitation provided by the Police by involving elements that must exist in the implementation of Diversion according to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law no. 35 of 2009 concerning Narcotics.