PELAKSANAAN DIVERSI OLEH PEJABAT KEPOLISIAN TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK (Studi Kasus di Polres Boyolali)

Abstrak

Background Our country is a state based on law (recht staat) not based on mere power (macht staat), then all the power of the state must be regulated by law. The main duties of the Police under Law No. 2 of 2002 on the Indonesian National Police are to maintain public order and security, to uphold the law and to provide protection, protection and public service. The police are granted an authority to take other actions according to the law responsible in concrete situations on the ground based on their own judgment in the context of the operation of the Police. This wisdom is called diversion. Diversi is the transfer of the settlement of cases of children from the criminal justice process to proceedings outside the criminal justice, as mentioned in Article 1 number 7 of Law Number 11 Year 2012 on the Criminal Justice System of the Child. Objective To analyze the implementation of police diversion by police officers against the criminal acts of abuse of narcotics conducted by children in Polres Boyolali. Research Method The method of this research is sociological juridical approach method. Results The pushing factors consist of internal factors that include adequate substance of the Act, support of superiors, factors of investigator and facility factors, external factors including support from community leaders and cultural factors. The inhibiting factors faced by the police are internal and external constraints. Internal obstacles in the form of investigator morality (susceptible to abuse of authority) while the external constraint is the lack of public understanding of the diversi- dence committed by the police. Conclusion The diversion in Boyolali Resort Police is given in the case of a narcotic abuse crime perpetrated by a child that is the settlement of a case outside the court because there is a guarantee from the parents and the recommendation of Breath. Keywords : Diversion, Police, Abuse of Narcotics, Children