THE IMPLEMENTATION OF DIVERSION AS A LEGAL PROTECTION EFFORTS FOR CHILDREN OF THE NARCOTICS CRIMINAL ACTORS

Special protective measures for children contained in the Convention on the Rights of the Child which have been ratified into the Child Protection Act Number 23 of 2002 as amended in Act Number 35 of 2014 concerning Child Protection and the Law on the Criminal Justice System that requires children diversion or settlement of cases of children out of court is carried out as contained in article 7 paragraph (1) of Law Number 11 Year 2012 concerning the Juvenile Criminal System which reads "At the level of investigation, prosecution and examination of cases of Children in district courts must be pursued Diversi" aimed at to avoid imprisonment of children. But in practice Diversi efforts are ruled out in the settlement of cases when the child as a Narcotics offender is subject to Article 111 Jo 112 of Law Number 35 Year 2009 concerning Narcotics with the maximum penalty of 12 years in prison. Therefore the ideals of the birth of Law Number 11 of 2012 concerning the Juvenile Justice System are still far from what is expected. This article aims to find out how far the application of the diversion system is to resolve cases of narcotic crime committed by children. This research was conducted using the normative method and using secondary data sources. Based on this research it can be stated that diversion efforts have not been well implemented in the juvenile justice system in Indonesia.