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PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA NARKOTIKA DI YOGYAKARTA
Children who are in conflict with the law, especially for narcotics crimes, have the right to receive protection. Diversion is a form of protection given to children that aims to avoid the formal judicial process. Legal protection for children in narcotics cases during the investigation and inquiry stages at the police level has not been optimal. This is known from previous studies. Children who commit narcotics crimes often do not get their rights in the restorative justice and diversion processes. The author conducted research at the DIY Regional Police in order to find out what form of legal protection is given to children and what factors influence the process of protecting children who commit narcotics crimes in Yogyakarta. This study uses an empirical legal method, namely the author directly goes to the field to observe the events that occur. This study is descriptive analysis used to analyze the data that has been successfully obtained. The approach used by the author is a mixture where the author links the laws and regulations with the facts obtained in the field. The data sources used are primary data sources by conducting interviews with special child investigators and secondary data sources from library materials such as laws, books and journals. Then the data that has been successfully obtained is collected and analyzed. The results of the study show that the DIY Regional Police have implemented two main approaches in providing legal protection to children who commit narcotics crimes, namely through the restorative justice and diversion mechanisms. This approach provides a number of rights to children, such as legal assistance, identity protection, humane treatment during the investigation process, and the involvement of families and BAPAS in the case resolution process. However, in its implementation, factors were found that influenced the process of legal protection for children, namely that children must meet the requirements of restorative justice and diversion.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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