JURIDICAL STUDY OF THE APPLICATION OF RESTORATIVE JUSTICE TOWARDS MINORS WHO COMMIT CRIMINAL OFFENSES OF NARCOTICS ABUSE

Abstract

In handling cases involving minors in narcotics crimes, the juvenile justice system operates differently compared to the adult justice system. Juvenile courts take drug offenses seriously and often refer children to juvenile delinquency courts with different procedures. Handling of juvenile cases can be done through diversion programs to treat factors that contribute to drug use and avoid criminal records. Juvenile courts tend to be rehabilitative, with consequences such as diversion or completion of a drug treatment program. Serious juvenile cases can result in harsh penalties, including incarceration in a juvenile facility. Serious juvenile cases may be transferred to adult court depending on applicable law. Special protection is given to children involved in drug trafficking. The application of restorative justice to juvenile offenders has been the subject of extensive research, emphasizing the importance of restoration over retribution. It is important to consider the welfare and developmental needs of the offending youth. Restorative justice is also important in dealing with narcotics crimes by juvenile offenders. In this journal, the research method used is normative legal research with the support of sociological or empirical research aspects. Secondary data from library research is used as a source of information, including expert opinions and formal data through official documents. The data analysis process used the content analysis method and was interpreted by the author himself, the results found that the application of Diversion and Restorative Justice in the Juvenile Criminal Justice System aims to provide an alternative resolution of criminal cases involving children, with a focus on recovery, responsibility and better justice. . Even though implementation has proceeded according to established standards, there are still obstacles such as difficulties in achieving a balance of interests, non-compliance with guidelines, feelings of aggrieved victims, and attempts by the formal justice system to take over the concept of restorative justice. To overcome these obstacles, it is important to strengthen the legal foundation, cultural structure, and involve related parties directly so that the Restorative Justice process can run effectively and fairly for all parties involved. These steps will help ensure better protection and justice for children involved in criminal cases, as well as have a positive impact on their future and development.