ANALISIS YURIDIS DASAR PERTIMBANGAN HAKIM MENETAPKAN DIVERSI DALAM KASUS ANAK SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA (STUDI PERKARA PIDANA ANAK NOMOR 12/PID.SUS-ANAK/2021/PN.TGR)

A diversion is a form of restorative justice that often triggers misunderstandings in the community. This happened in case 12/Pid.Sus-Anak/2021/PN Trg which stipulates diversion to children. This paper discusses the basic considerations of the judge in determining diversion in the case of children as perpetrators of narcotics crimes in case number 12/Pid.Sus-Anak/2021/PN Trg and how the results of the determination of diversion in case number 12/Pid.Sus-Anak/ 2021/PN Trg reviewed in restorative justice. The research was conducted using empirical juridical methods by collecting data in the form of direct interviews with respondents, documentation, observations, and literature studies. These data were analyzed using qualitative methods. The author describes the results of this study showing that the basic considerations have not absolutely fulfilled the diversion requirements because they do not pay attention to one of the mandatory things that must be considered when diversion is community harmony and the purpose of diversion to encourage community involvement is not carried out. The implementation of diversion has not yet been absolutely realized because the community does not feel justice in the determination. Thus, in the future, children will still receive a negative stigma in their environment. The suggestion is that optimization needs to be done in providing understanding to the community and when carrying out diversion it is carried out properly and pays more attention to matters in detail based on juridical and sociological in order to produce the best solution