CD Skripsi
Analisis Yuridis Perlindungan Hukum Bagi Anak Sebagai Kurir Narkotika Ditinjau Berdasarkan Sistem Peradilan Pidana Anak Dan Sistem Perlindungan Anak Di Indonesia
ABSTRACT
To trick the authorities, it is not uncommon for narcotics dealers to use
minors to be couriers of these illegal drugs. Lack of knowledge of narcotics, and
the inability to resist and fight against makes minors become targets of narcotics
dealers to distribute narcotics widely and in disguise. This problem is certainly a
very serious problem, because it can plunge minors into the illicit narcotics
business.
The type of research used in writing this law is normative legal research
that focuses on the level of legal synchronization. This legal synchronization
analyzes the extent to which a particular law or legislation is compatible
vertically and horizontally which does not cause different interpretations from one
another. The data sources used are primary and secondary legal materials.
The conclusions that can be obtained from the research results are First,
the regulation of legal protection for children as drug couriers based on the
criminal justice system for children and the child protection system in Indonesia
which is regulated in the provision of diversion or the severity of which
prohibitions on diversion and the severity of the criminal offense released by the
panel court. judges because they have not seen the diversion and imposition of
crimes from a child protection perspective The judge still sees the perpetrator's
child not as a victim, even though in the juvenile court system, children should not
be justified as perpetrators. Second, the weaknesses of legal protection
arrangements for children as drug couriers are reviewed based on the child
criminal justice system and the child protection system in Indonesia, one of which
is that Article 114 of Law Number 35 of 2009 concerning Narcotics does not limit
age in court, both adults and children in court. underage, so that children as
narcotics couriers can still be convicted even though the children's abilities are
still limited and not as perfect as adults. The criminal law policy in legal
protection for children as drug couriers is based on the child criminal justice
system and the child protection system in Indonesia, namely the current criminal
law policy is not oriented towards protecting children, this can be seen in the
norms of Article 114 Paragraph 2 of Law Number 35 Year 2009 Concerning
Narcotics, which does not limit age in the trial, both adults and minors, is not just
a matter of imprisonment because solving cases against children who have
problems with the law because imprisonment has more of a negative impact on
the psychological, social status of children and other bad influences.
Keywords: Narcotics, Legal Protection, Children, Couriers
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