Implementasi Sanksi Pidana Narkotika Anak Penyalahgunaan Narkotika Di Indonesia

Azhari, Muhammad Dzaky Chairy (2023) Implementasi Sanksi Pidana Narkotika Anak Penyalahgunaan Narkotika Di Indonesia. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Muhammad Dzaky Chairy Azhari (01051200164) IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST CHILDREN OF NARCOTICS USERS WHO WORK AS COURIERS (ix + pages) Narcotics crimes are often abused by children and adults in various forms of action. Indonesia regulates the juridical basis for narcotics abuse in Law Number 35 of 2009 concerning Narcotics. The regulation does not regulate action against narcotics abuse carried out by children as narcotics couriers. Providing sanctions against children when they abuse narcotics must be dealt with by paying attention to the rules contained in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Protection Child. Therefore, researchers want to study whether 4/Pid.Sus-Anak/2018/PN Sim Jo. Medan High Court Decision Number 14/Pid.Sus-Anak/2018/PT MDN has been decided in accordance with existing legal rules. The problem formulation in this research is: How are criminal sanctions implemented against narcotics abusers who work as couriers? And how are criminal sanctions implemented against children who abuse narcotics who work as couriers? This research also uses normative juridical research methods. The results of the research show that the implementation of criminal sanctions against child narcotics abusers who work as couriers has been regulated in several laws and regulations. Sanctions given to children who work as narcotics couriers are explained in Articles 114, 119, 124, and/or 129 of the Narcotics Law. However, in implementing these sanctions, they are not immediately given directly to child convicts. Judges must review and consider Law Number 11 of 2012 concerning the Juvenile Criminal Justice System as a basis for imposing punitive sanctions on juvenile convicts through providing restorative justice. The judge in handing down Court Decision Number 14/Pid.Sus-Anak/2018/PT MDN was inaccurate and did not apply the legal rules contained in the Juvenile Criminal Justice System Law in conjuntion. Child protection laws. This can be seen in the decision which sanctions the child defendant with imprisonment for 1 (one) year and job training for 3 (three) months. The sanctions given do not pay enough attention to alternative punishments that can provide legal protection to children as children of criminals. Keywords: Narcotics Crime, Courier, Child Protection Reference:1983-2023

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