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VOL. 12, ISSUE 3 (2026)
The effectiveness of diversion for children committing narcotics abuse crimes in the jurisdiction of the banda Aceh district court
Authors
Maksalmina, Ida Keumala Jeumpa,Teuku Saiful
Abstract
Children involved in drug abuse still have the
right to protection and guidance in the legal process. Law Number 11 of 2012 on
the Juvenile Criminal Justice System mandates diversion efforts, but their
implementation for children abusing narcotics within the jurisdiction of the
Banda Aceh District Court has not been fully effective. Data from 2022–2024
shows that there were 10 cases, with 6 cases successfully resolved through
diversion and 4 cases proceeding to formal judicial proceedings. This research
aims to analyse the effectiveness of the implementation of diversion, the
factors influencing it, and efforts to improve the effectiveness of diversion.
The research uses a juridical-empirical method with an approach based on
legislation and criminal studies, through interviews and literature studies
that are analysed descriptively-qualitatively. The research results indicate
that the implementation of diversion is not yet optimal, especially at the
investigation and prosecution stages due to time constraints in handling cases,
considerations of the amount of evidence, and the use of Article 112 of the
Narcotics Law as the primary charge, which carries a criminal threat of more
than 7 years. Diversion is more frequently carried out at the trial stage by
considering the alternative charge of Article 127 of the Narcotics Law based on
Supreme Court Regulation (PERMA) Number
4 of 2014. Based on Soerjono Soekanto's theory of legal effectiveness, the
condition is influenced by legal factors and law enforcement, while Correctional center (bapas), National Narcotics Agency (BNN), family,
and society serve as supporting factors in the rehabilitation of children.
Therefore, it is necessary to optimise diversion from the early stages, enhance
coordination among law enforcement with Correctional center
(bapas) and National Narcotics Agency (BNN), and strengthen post-diversion
assistance to support social reintegration and prevent recidivism.
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Pages:574-577
How to cite this article:
Maksalmina, Ida Keumala Jeumpa,Teuku Saiful "The effectiveness of diversion for children committing narcotics abuse crimes in the jurisdiction of the banda Aceh district court". International Journal of Law, Vol 12, Issue 3, 2026, Pages 574-577
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