Sintia Maliran, Sudarno, Agus Salim, Nemos Muhadar, Andre Salim

LEGAL ANALYSIS AND IMPLEMENTATION OF DIVERSION APPROACHES IN NARCOTICS CASES INVOLVING CHILDREN IN INDONESIA

Introduction

Legal analysis and implementation of diversion approaches in narcotics cases involving children in indonesia. Analyze legal diversion for children in Indonesian narcotics cases. Covers implementation challenges, legal framework, and solutions for rehabilitation and social reintegration.

Abstract

Handling children involved in narcotics crime cases in Indonesia through diversion approach is regulated in various laws, including Law Number 11 of 2012 on the Juvenile Criminal Justice System (SPPA) and Law Number 35 of 2009 on Narcotics. Although this legal framework aims to avoid stigmatization and provide rehabilitation and social reintegration opportunities for children, its implementation still faces various challenges. These challenges include a lack of understanding among law enforcement officers, suboptimal inter-agency coordination, limited rehabilitation facilities, and societal resistance and stigma. To overcome these obstacles, increased training and socialization for law enforcement, strengthened inter-agency coordination, additional rehabilitation facilities, and public education are needed. With these efforts, diversion approach are expected to be more effective in supporting children's recovery and reintegration into society, as well as creating a more humane and just juvenile criminal justice system.

Review

This paper tackles a highly pertinent and sensitive topic concerning the legal analysis and implementation of diversion approaches for children involved in narcotics cases in Indonesia. The abstract effectively highlights the legislative foundation for such measures, specifically referencing Law Number 11 of 2012 on the Juvenile Criminal Justice System (SPPA) and Law Number 35 of 2009 on Narcotics. The stated objective of these laws – to avoid stigmatization and provide opportunities for rehabilitation and social reintegration – underscores the progressive and child-centric intent behind Indonesia's juvenile justice framework, making this research crucial for understanding its real-world application. Despite this well-intended legal framework, the abstract identifies several significant challenges that impede the effective implementation of diversion. These obstacles include a critical lack of understanding among law enforcement officers, which can hinder the proper application of diversion principles. Furthermore, the paper points to suboptimal inter-agency coordination, a common systemic issue, and limited rehabilitation facilities, which are essential for the success of diversion programs. The persistent societal resistance and stigma against children involved in such cases also present a formidable barrier, collectively painting a picture of a system struggling to translate legislative goals into practical realities. To address these multifaceted challenges, the paper proposes a series of targeted interventions. These include increased training and socialization for law enforcement personnel to enhance their understanding and application of diversion. Strengthened inter-agency coordination is suggested to foster a more collaborative and efficient approach, alongside the vital need for additional rehabilitation facilities to provide necessary support structures. Public education is also rightly emphasized as a crucial tool to combat societal resistance and stigma. The successful implementation of these efforts is expected to significantly improve the effectiveness of diversion, ultimately supporting children's recovery and reintegration, and fostering a more humane and just juvenile criminal justice system in Indonesia.

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