Proceedings of the International Conference on Law Reform (5th Inclar 2024)

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Criminal Law Policy Towards Diversion in Narcotics Crimes by Children as Couriers

Authors
Siti Wulandari1, Surya Anoraga1, *, Nurzakiah Nurzakiah2
1Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
2Master of Law, Brawijaya University, Malang, Indonesia
*Corresponding author. Email: anoraga464115@gmail.com
Corresponding Author
Surya Anoraga
Available Online 28 February 2025.
DOI
10.2991/978-2-38476-362-7_4How to use a DOI?
Keywords
Criminal Law Policy; Children; Narcotics Courier; Diversion
Abstract

The increasing prevalence of narcotics crimes by children requires effective countermeasures. Diversion is one step to prevent children from the negative impacts of justice. However, diversion cannot be carried out for narcotics crimes by children as couriers because they do not meet the qualifications for criminal threats as regulated in Article 7 paragraph (2) of the SPPA Law. The aim of this research is to analyze contradictions and determine criminal law policies regarding diversion in narcotics crimes by children as couriers. The type of research that the author uses is normative juridical. The results of this research are that there is a contradiction in the regulation of the qualifications for criminal acts that can be diverted, namely that Judges are given the authority to seek diversion which carries a penalty of 7 (seven) years or more as regulated in Article 3 of Perma Number 4 of 2014 but not for Investigators and Public Prosecutors. So for narcotics crimes by children as couriers, diversion cannot be attempted. Meanwhile, the process of judicially resolving children’s cases has many negative impacts on the child’s soul and development. There needs to be a criminal law policy that in the future regulates the qualifications for carrying out diversion, no longer if the penalty is less than 7 (seven) years. Diversion is to realize restorative justice that better protects children’s rights, because in the case of children as narcotics couriers, children are actually not only perpetrators but also victims.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law Reform (5th Inclar 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
28 February 2025
ISBN
978-2-38476-362-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-362-7_4How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Siti Wulandari
AU  - Surya Anoraga
AU  - Nurzakiah Nurzakiah
PY  - 2025
DA  - 2025/02/28
TI  - Criminal Law Policy Towards Diversion in Narcotics Crimes by Children as Couriers
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 14
EP  - 20
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_4
DO  - 10.2991/978-2-38476-362-7_4
ID  - Wulandari2025
ER  -