OBSTACLES TO THE IMPLEMENTATION OF DIVERSION FOR CHILDREN IN DRUG CASES IN INDONESIA

Abstract

The implementation of diversion for children involved in narcotics-related crimes still faces various challenges within Indonesia’s juvenile justice system. This research is motivated by the conflicting orientation between the principle of restorative justice in Law No. 11 of 2012 on the Juvenile Criminal Justice System and the repressive approach in Law No. 35 of 2009 on Narcotics. The purpose of this study is to analyze the implementation of diversion for juvenile offenders in narcotics cases, identify the obstacles faced by law enforcement officers, and assess the effectiveness of legal protection for children in the diversion process. The research method employed is empirical juridical with a qualitative approach, conducted through in-depth interviews with law enforcement officials and documentation studies in Cirebon City, West Java. The findings reveal that the application of diversion in narcotics cases remains rare due to overlapping regulations, law enforcement’s doubts regarding the effectiveness of child rehabilitation, and weak inter-agency coordination. Moreover, the lack of public understanding of restorative justice principles further hampers its implementation. In conclusion, the practice of diversion for children in narcotics cases has not yet been optimal, thus requiring regulatory harmonization, capacity building for law enforcement officials, and policies that place greater emphasis on child protection and restorative justice approaches.

Keywords: Diversion, Children, Narcotics Crime, Obstacles, Juvenile Justice System.