UPAYA DIVERSI DI TAHAP PENYIDIKAN TERHADAP ANAK YANG DIJADIKAN SEBAGAI KURIR PERDAGANGAN NARKOTIKA

Djehamad, Johanes Rivaldo Albertho Rangkolino (2023) UPAYA DIVERSI DI TAHAP PENYIDIKAN TERHADAP ANAK YANG DIJADIKAN SEBAGAI KURIR PERDAGANGAN NARKOTIKA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

In Indonesia, the problem of narcotics crimes involving children as couriers for narcotics trafficking has often occurred, so according to the Juvenile Criminal Justice System Law, regulating children as couriers for narcotics trafficking must be sought for diversion, but if you look at the criminal provisions contained in the Narcotics Law, there is a minimum of 4 (four) years and a maximum prison sentence of 12 (twelve) years for a courier of narcotics trafficking and also There is a conflict where Perkap No. 8 of 2021 states that children as drug addicts and victims of drug abuse who apply for rehabilitation can be diverted if they are qualified as listed criminals. This raises doubts for law enforcement to provide diversion for children who are couriers of narcotics trafficking or cannot even seek diversion. The legal research carried out is normative research. The result of this study is that in practice children who become couriers of narcotics trafficking can also be given diversion because children who are couriers of narcotics trafficking are tricked into carrying narcotics where the children do not know the goods brought and do not know whether the act is a criminal act or not. In this case, author’s provides advice, the adduction of prison punishment is not a proper solution. The social punishment and social services are the correct punishment. Those punishment has a function as a warning to the suspect and erect them, so in the future or next change, they are not going to do over the same criminal act or case and become better than before. The author’s advice is the diversion process is not supposed to be limited on prison punishment threat, because the fundamental of diversion put the children’s best benefit on the main or first poin.

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