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Penerapan Diversi pada Perkara Penyalahgunaan Narkotika yang Dilakukan Anak di Wilayah Hukum Pengadilan Negeri Bengkalis

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Supreme Court Regulations (Perma) regulate mediation (diversion) for children in conflict with the law. As much as possible, children do not face criminal proceedings in order to save the child's future. Perma number 4 of 2014 is a guide to the implementation of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Article 7 of the Law states that at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be attempted. Diversion efforts must be carried out in every juvenile criminal justice process, both in the process of investigation, prosecution and examination before court. The Supreme Court issued Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System to follow up on the implementation of diversion. Based on the background above, the formulation of the problem that will be answered in writing this thesis includes: How is diversion implemented for children who are in conflict with the law in narcotics crimes in the jurisdiction of the Bengkalis District Court? and What are the obstacles in implementing diversion for narcotics crimes by children in the jurisdiction of the Bengkalis District Court? When viewed from the type of research, this research can be grouped into normative research. Normative research is a legal research method that functions to see the law in real terms and examine how the law works in society. This research approach uses an empirical legal approach. From the results of the research and discussion, the implementation of diversion at the Bengkalis District Court is carried out based on law number 11 of 2012 starting with the stage of identifying whether cases can be diverted, followed by evaluating children in conflict with the law and their cases/cases, then continuing with the implementation of diversion, after that is the implementation of the results of the diversion agreement, and ends with the completion and follow-up to the implementation of the diversion agreement. The implementation of diversion in the Bengkalis district court has basically been carried out in accordance with existing laws and regulations, however there are obstacles from external factors in the form of the absence of medical and psychosocial rehabilitation facilities available in Bengkalis district and the absence of LPKS in the Bengkalis district area, this has resulted in the formulation The diversion agreement is limited to handing it back to parents/guardians or community service for a maximum of 3 (three) months, while the formulation of the agreement that is most likely to be carried out is sometimes incompatible or inappropriate to restore the child's condition in conflict with the law.

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Availability

Detail Information

Call Number

Hukum 362.293 Bel p

Language

Indonesia

NPM

211021066

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Diversion
Court Judge's Decision
Rehabilitation
Narcotics

Other Information

Petugas

Uthi Kurnia

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