In Indonesia, the problem of narcotics crimes involving children as couriers for
narcotics trafficking has often occurred, so according to the Juvenile Criminal
Justice System Law, regulating children as couriers for narcotics trafficking must
be sought for diversion, but if you look at the criminal provisions contained in the
Narcotics Law, there is a minimum of 4 (four) years and a maximum prison
sentence of 12 (twelve) years for a courier of narcotics trafficking and also There
is a conflict where Perkap No. 8 of 2021 states that children as drug addicts and
victims of drug abuse who apply for rehabilitation can be diverted if they are
qualified as listed criminals. This raises doubts for law enforcement to provide
diversion for children who are couriers of narcotics trafficking or cannot even seek
diversion. The legal research carried out is normative research. The result of this
study is that in practice children who become couriers of narcotics trafficking can
also be given diversion because children who are couriers of narcotics trafficking
are tricked into carrying narcotics where the children do not know the goods
brought and do not know whether the act is a criminal act or not. In this case,
author’s provides advice, the adduction of prison punishment is not a proper
solution. The social punishment and social services are the correct punishment.
Those punishment has a function as a warning to the suspect and erect them, so in
the future or next change, they are not going to do over the same criminal act or
case and become better than before. The author’s advice is the diversion process is
not supposed to be limited on prison punishment threat, because the fundamental
of diversion put the children’s best benefit on the main or first poin.