This research analyzes the implementation of diversion for juveniles acting as drug
couriers at the investigation stage within the Klaten Police Resort, based on Law
Number 11 of 2012 concerning the Juvenile Criminal Justice System. The study
aims to examine the legal grounds considered by investigators when deciding
whether diversion can be applied to children involved in narcotics cases. The issue
emerges due to the legal inconsistency between Law Number 11 of 2012, which
obliges the application of diversion in juvenile cases, and Law Number 35 of 2009
on Narcotics, which provides for heavy criminal sanctions that often limit the
opportunity for diversion.This study adopts an empirical legal research approach.
Primary data were gathered through interviews with investigators handling juvenile
cases at the Criminal Investigation Unit of the Klaten Police, while secondary data
were obtained from legislation, legal documents, and academic references. The data
were examined using qualitative analysis to connect empirical findings with
applicable legal principles.The findings reveal that investigators take into account
various considerations, including the child’s age, personal circumstances, degree of involvement, community assessment reports (BAPAS), family support, and the principle of the best interests of the child. The study emphasizes that diversion plays a crucial role in safeguarding children’s rights and advancing restorative justice, and therefore requires stronger legal harmonization to ensure certainty and consistency in its implementati.