Progressive Legal Perspective of the Settlement Child Criminal Action as a Narcotics User in the Malang City Police Resort

Abstract

The application of criminal conviction against children often causes debate. The philosophy of the juvenile justice system prioritizes the protection and rehabilitation of child perpetrators. Article 1 number 7 Indonesia Juvenile Criminal Justice System Law Number 12 of 2012 states the diversion is a diversion of the settlement of juvenile cases from the criminal justice process to the outside the criminal justice process. In the period 2017 to 2020, there were 12 suspected child users of narcotics crime at the Malang City Police Resort. Of the 12 cases of children as users of narcotics crimes handled by the Malang City Police Resort, none of which could be attempted by diversion. This means that all cases concerning children as perpetrators of narcotics crimes are all P21 or go to court. According to progressive law, cases of children should not be resolved in the mechanism stated in the existing formal text of the rules. The use of a progressive legal approach in solving cases of narcotics abuse by children is more effective because children are the future of the next generation of the nation's struggle and for the best interests of the children themselves.