PELAKSANAAN DIVERSI DALAM TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANAK (STUDI PENETAPAN NOMOR : 4/PID.SUS-ANAK/2019/PN.MGG DAN STUDI PENETAPAN NOMOR : 2/PEN. DIV/2021/PN.MKD)

Protection of children as perpetrators of crime is a shared responsibility of law enforcement officers. Law enforcement officers involved in handling children as perpetrators of criminal acts are required to refer to and be guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for ImplementingDiversion and Handling of Children Under 12 (twelve years of age). ) Year, Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for the Implementation of Diversion, and other laws and regulations relating to Children. Drug abuse cases with child perpetrators have occurred in Magelang City and Magelang Regency. In 2 (two) cases at the Magelang District Court and the Mungkid District Court, there were differences in the legal basis for consideration of the decision. The type of research used is normative legal research, which refers to legal norms contained inlaws, regulations, and court decisions. The analysis in this study is a qualitative analysis by concludingdeductively, namely concluding from general to specific items. The results of the research are known in Determination Number 04/Pid.Sus-anak/2019/PN.Mggand Determination Number 02/Pen.Div/2021/PN.Mkd, there are different guidelines in the implementation of diversion which are the basis for judges, namely Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. The regulations for implementing the diversion guidelines are alsoregulated in Government Regulation no. 65 of 2015 concerning the Implementation of Diversion andHandling of Children Under the Age of 12 and Supreme Court Regulation (PERMA) No. 4 of 2014concerning Guidelines for the Implementation of Diversion becomes the rule for implementingdiversion because judges are obliged to explore the values that live in society because judges are one of the elements of law enforcement who must realize the law in legislation into law in reality through their decisions to ensure certainty. Law for the sake of justice for the child perpetrators and victims inparticular, for the sake of public order/society in general. Barriers to implementing diversion at the level of investigation and prosecution of DeterminationNumber 4/Pid.Sus-anak/2019/PN.Mgg and Determination Number 02/Pen.Div/2021/PN.Mkd were not diverted due to the investigator's Standard Operating Procedure (SOP) in the mechanismof applyingrestorative justice at the investigation level based on the Circular Letter of the KAPOLRI No. 8/VII/2018 procedures/mechanisms there are several stages, on the other hand, investigators are guidedby Law Number 11 of 2012 concerning the Juvenile Justice System. Implementing the diversion of this case, investigators in terms of handling children must be guided by Law Number 11 of 2012concerning the Juvenile Criminal Justice System, the principle of lex specialis derogate legi generalis, as well as guidelines for public prosecutors. The future concept is that POLRI and BNN investigators can determine narcotics users intorehabilitation institutions known as discretionary powers in handling narcotics abusers by children. The best interests of children as regulated in Government Regulation of the Republic of Indonesia Number 25 of 2011 concerning the Implementation of Compulsory Reporting Narcotics Addicts Article 13 paragraphs (3), (4), (5), and (6), but the discretionary authority is less effective so that the handling of criminal acts criminal abuse of narcotics by special children and must be diverted based onArticle 18, Article 29 paragraph (3), Law Number 11 of 2012 concerning the Criminal Justice System, namely Article 18 which is essentially in handling cases of children, Social Advisors, Professional Social Workers, People parent/guardian, advocate, community figure To make a diversion agreement, Article 29 paragraph (3) which essentially means that the diversion agreement is successful, the investigator submits the diversion report and the results of the diversion agreement to the Head of the District Court for determination.