PENERAPAN PRINSIP RESTORATIVE JUSTICE PADA ANAK SEBAGAI KURIR DALAM TINDAK PIDANA NARKOTIKA DI KEPOLISIAN (Studi di Kepolisian Resor Malang)

This study discusses the implementation of restorative justice principles in handling children involved as couriers in narcotics crimes within the jurisdiction of the Malang Police Resort. The background of this research stems from the increasing involvement of children in drug distribution, often exploited by criminal syndicates due to their perceived lighter legal consequences. This situation presents a legal dilemma, as these children, while categorized as perpetrators, are also victims of exploitation. The purpose of this study is to analyze how restorative justice principles are applied by investigators at the Malang Police Resort and to identify the obstacles encountered in the process. The research method used is empirical juridical research with a socio-juridical approach. Data was collected through interviews with police officers and a review of legal regulations. The findings indicate that the application of restorative justice remains inconsistent. Of the 83 children arrested in 2023, only 67 cases were resolved through restorative justice, while the remaining 16 proceeded through formal criminal justice processes. The main barriers to implementation include the diversion requirement limitations based on criminal threats exceeding seven years, as well as a lack of understanding and capacity among investigators in effectively applying these principles. This research recommends the need for a review of regulations concerning sentencing thresholds in diversion eligibility and for enhanced training for law enforcement officers on restorative justice to ensure fair and humane legal protection for children in conflict with the law.