CD Tesis
Problematika Tindak Pidana Bagi Anak Pengguna Narkotika Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak
This study aims to analyze the Crime Problems for Child Narcotics Users
based on Law Number 11 of 2012 concerning the Criminal Justice System for
Children and Ideal Arrangements for Criminal Actions for Child Narcotics Users
based on Law Number I1 of 2012 concerning the Criminal Justice System for
Children. This research uses empirical normative legal research method where
the data collected is analyzed with sentences associated with existing theories.
The results showed that the Crime Problems for Child Narcotics Users
based on Law Number 11 of 2012 concerning the Criminal Justice System of
Children, namely Children as Narcotics users are faced with the criminalization
process. The criminalization process is enforced as a concrete manifestation of
the provision of imprisonment for children as narcotics users. As for the basis for
imposing such sanctions as a deterrent effect for the child, because in the practice
of juvenile justice, judges in Indonesia more often apply criminal decisions
against children with imprisonment rather than giving other acts of diversion so
that the child can be subjected to decriminalization and depenalization. However,
this is not done because it creates distrust for the community, therefore
imprisonment is considered a form of punishment /sanction for the child who is a
drug user. Ideal Arrangements for Criminal Actions for Child Narcotics Users
Based on Law Number 11 of 2012 concerning the Criminal Justice System for
Children, namely that law enforcement officers in solving child cases, so that
they prioritize restorative justice / restorative justice approaches with the ideal
concept that children should not be punished but it is carried out through
diversion efforts so that the decriminalization and depenalization processes can
be applied to children as narcotics users. These efforts are accompanied by
monitoring measures and carrying out rehabilitation of children by the
government and society with the aim of taking precautions. This method is better
known as the double track system, which means that there are other alternative
measures for imprisonment such as rehabilitation, because the punishment in the
form of Rehabilitation is not intended to repay what the child has done but as
guidance so that with coaching the child is expected to return to the right path
and can return to society to return to continue his aspirations.
Keywords : Problems, Child Narcotics Users, Based on the SPPA Law
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