DAMPAK PENETAPAN DIVERSI BAGI ANAK PENYALAHGUNA NARKOTIKA DITINJAU DALAM PERSPEKTIF SOSIOLOGIS

Solikhah Ernawati, . (2022) DAMPAK PENETAPAN DIVERSI BAGI ANAK PENYALAHGUNA NARKOTIKA DITINJAU DALAM PERSPEKTIF SOSIOLOGIS. Thesis thesis, Universitas Pancasakti Tegal.

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Abstract

Due to the paradigm shift in law, many countries implement Restorative Justice approach in dealing with legal cases. One of the implementations of Restorative Justice in Indonesia is the enactment of Diversion for Children of Narcotics offender. The purpose of the enactment of the policy is to empower all related parties to play an active role in handling the problem in an equitable manner with the aim to improve people's lives. This study aims to assess the implementation of the diversion determination for children who commit drug abuse as well as the impact viewed from sociological perspective. This study is a field research, using a sociolegal approach and qualitative data analysis. The results of this study indicate that diversion can be implemented to children who abuse narcotics, 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 / attorney, judges, and other parties involved in Diversion. Diversion can be conducted in 3 (three) levels, namely Investigation, Prosecution, and Trial. In the case established with Letter Number 9/Pen.Div/2020/PNTgl which is the object of this research, Diversion is carried out at the Investigation stage facilitated by the Police by involving all 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. The sociological impact of the Diversion implementation tends to be positive. Sociological constraints that occur are only experienced by parents of Narcotics Abusing Children dealt with the cost that must be incurred to support the implementation of programs and activities related to Diversion. Keywords: Child Narcotics Abusers, Diversion, Sociological Perspective

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