PROSES DIVERSI TERHADAP ANAK SEBAGAI KURIR NARKOTIKA MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Abstract

The rise of narcotics circulation involving children as narcotics couriers is a problem that needs to get serious attention both from government, law enforcement and society. The child who commits a crime must still obtain legal protection for the child's best interests. This writing aims to understand the form and conditions of legal protection for children in conflict with the law under the UU SPPA and to know whether there is a process of diversion for a child who acts as a narcotics courier under the UU SPPA. Writing is done by normative juridical method. From this writing shows that children who commit narcotics crime, especially as narcotics courier, can be charged with Law No. 35 of 2009 on Narcotics by not excluding the special provisions set forth in Law No. 11 of 2012 on the Criminal Justice System of Children. The reduction of imprisonment by the Stabat District Court is a form of legal protection against the defendant of a child, since the defendant is a minor child who is psychologically unstable who needs to get supervision and counseling guidance in order not to repeat his actions, and need to be relieved of punishment to give protection of its rights.