THE BALANCE OF THE MONODUALISTIC PRINCIPLE IN DIVERSION EFFORT AT THE LEVEL OF INVESTIGATION ON CHILD PERFORMERS OF CRIMINAL ACTS OF NARCOTICS ABUSE ATTACHED TO LAW NO. 35 YEAR 2009 AND LAW NO. 11 YEAR 2012

Abstract

In the Juvenile Justice System Law, what is called a child in conflict with the law, hereinafter referred to as a child, is a child who is 12 (twelve) years old, but not yet 18 (eighteen) years old who is suspected of committing a crime. Meanwhile, children who are victims of criminal acts, hereinafter referred to as child victims, are children under the age of 18 (eighteen) years who experience physical, mental, and/or economic losses caused by criminal acts. With the existence of the Juvenile Justice System Act, juvenile justice is distinguished from general justice so that law enforcement against children is not the same as that of adults/general courts. Cases involving children as criminals are a different phenomenon from adult criminals. Children as perpetrators of criminal acts who are sentenced to be fostered in Child Correctional Institutions, need to receive special treatment in serving their criminal period. There are many cases of criminal acts involving minors lately, one of which is narcotics abuse. Narcotics are substances or drugs that are natural, synthetic, or semi-synthetic which cause a decrease in consciousness, hallucinations, and excitability. Meanwhile, according to the Narcotics Law Article 1 paragraph 1 states that narcotics are artificial substances or those originating from plants that have hallucinatory effects, decrease consciousness, and cause addiction. Based on this, the author tries to find and to obtain the purpose of punishment and the implementation of diversion in an integrated juvenile criminal justice system carried out by law enforcement officers, symbolizing the Golden Chain as a symbol of humanity and human rights. Based on regulations to determine criminal policies in accordance with the values of people's lives, the regulations for determining criminal policies are contained in the Criminal Code as a general provision and specifically the criminal provisions of Law no. 35 of 2009 as a special crime that regulates narcotics Based on the background of the problems described above, the problems that will be discussed in this paper are as follows: How is the monodualistic principle in the diversion of narcotics abuse crimes committed by children in conflict with the law associated with Law no. 35 of 2009 and Law No. 11 of 2012?