Implementation of Criminal Jurisdiction Against Children as Narcotic Users
Research Study at the Mungkid District Court
- DOI
- 10.2991/978-2-38476-074-9_24How to use a DOI?
- Keywords
- Juvenile Criminal Justice; Children; Narcotics Users
- Abstract
Based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, a decision that can be handed down by a judge against a criminal act of narcotics abuse committed by a child is to impose a crime or action on the child concerned. Judges’ considerations play a very important role in giving decisions against child perpetrators in narcotics abuse crimes. This study aims to examine and analyze: (1) regulatory policies in criminal law against children as Narcotics users, (2) the judge’s consideration in the decision against narcotics abuse by children, ( 3) the concrete form of the effectiveness of law enforcement that must be realized by the State to prevent children from falling into narcotics abuse. The approach method used in this research is sociological juridical. The specification of this research is descriptive analytical. Sources of data used are primary data and secondary data. Primary data is data obtained directly from the field or from the first source and has not been processed by other parties. While secondary data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research and discussion, it can be concluded: (1) The form of depenalization given by the judge to children who are perpetrators of narcotics crimes can be in the form of actions where positive criminal law is also known as the type of sanctions in the form of actions listed in Article 82 of Law Number 11 of 2012 concerning the System Juvenile Criminal Justice. (2) In the criminal justice process in case Number 2/Pid.Sus-Anak/2021/PN Mkd, the judge will still consider first the principle of expediency, the principle of justice and the principle of legal certainty to children. According to the judge, the imposition of sanctions/punishments on children is not only a form of accountability for their actions, but the imposition of sanctions on children is also intended as a form of coaching so that children can improve their attitudes and behavior in the future. (3) On the one hand, a child who uses narcotics is a perpetrator of a narcotic crime regulated in the Narcotics Law, but on the other hand he is also a victim of a criminal act he commits himself. In the case of child victims, the protection provided by the government to children who are in an emergency situation is special protection as regulated in Article 59 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
- Copyright
- © 2023 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Erna Sunarti PY - 2023 DA - 2023/06/27 TI - Implementation of Criminal Jurisdiction Against Children as Narcotic Users BT - Proceedings of the 5th Legal International Conference and Studies (LICS 2022) PB - Atlantis Press SP - 212 EP - 221 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-074-9_24 DO - 10.2991/978-2-38476-074-9_24 ID - Sunarti2023 ER -