PENYELESAIAN ANAK YANG BERKONFLIK DENGAN HUKUM DALAM PERKARA NARKOTIKA PADA TINGKAT KEPOLISIAN (Studi Kasus di Polres Banyuwangi)

Narcotics trafficking is a very complex problem. Not only adults, minors are also involved in narcotics cases. The intervention of criminal law in children's crimes, especially in the abuse of narcotics by children, has led children to suffer various kinds of suffering, both physically and psychologically. Juridically, children who commit criminal acts of narcotics abuse are qualified as perpetrators of criminal acts, but conceptually child narcotics abuse includes the qualifications for victims of the crime as perpetrators themselves. So in narcotics abuse the victim is the perpetrator. This research was conducted in a sociological juridical manner, where this research was carried out with the aim of obtaining legal knowledge empirically, namely by going directly through interviews to obtain facts. Sources of legal materials are primary and secondary legal materials, which are then collected by recording and documenting and analyzing them. Efforts to divert the judicial process to non-judicial (diversion) in dealing with narcotics abuse by children, are basically an effort to resolve cases of narcotics crimes committed by children outside the criminal law. However, there are several cases of narcotics crimes committed by children which were resolved through the judicial process, namely receiving prison sentences because they took into consideration all the things which ultimately required their resolution to fall through the legal channels. This research produces the following conclusions: firstly, in this research, the implementation of diversion as a resolution of narcotics crime cases has taken into account the rights of children as stated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, some of these cases are very unfortunate because the resolution of children in narcotics crime cases must be resolved through judicial channels due to all considerations. Secondly, there are still many cases of narcotics crimes committed by children in Banyuwangi due to many factors, in this case the police and BNN must make preventive and repressive efforts towards the people of Banyuwangi in order to minimize the occurrence of narcotics crimes cases and the community will no longer become unfamiliar with incidents of narcotics abuse.