Analisa Hukum Pidana Terhadap Keterlibatan Anak Dalam Peredaran Narkotika (Studi Putusan Nomor 130/Pid/Sus/PA/2014/PN.LBP)

Abstract

This thesis discusses an analysis of the involvement of children in narcotics circulation by analyzing the Decision of the Lubuk Pakam District Court. 1303 / Pid.Sus / PA / 2014 / PN. LBP. The issue of how the legal arrangement of the involvement of children as narcotics dealer according to the law in Indonesia, how the judges judge in deciding the children involved in the circulation of narcotics in the decision of the District Court of Lubuk Pakam No. 1303 / Pid.Sus / PA / 2014 / PN. LBP and how the handling of children involved in narcotics circulation according to the juvenile justice system. This research is directed to normative juridical legal research, meaning that the study of this thesis is oriented towards positive law about the involvement of children in narcotics circulation. The results of the study and discussion explaining the legal arrangement of the involvement of children as narcotics dealer according to the law in Indonesia is regulated in the provisions of Law Number 35 Year 2009 on Narcotics as the background of the law threatened to the child for his act of distributing narcotics. Then Law no. 11 Year 2012 on the Criminal Justice System of the Child as the basis for the criminalization of the child if the child commits a narcotic crime and Law Number 23 Year 2002 As Changed By Law of the Republic of Indonesia Number 35 Year 2014 as the basis for the implementation of child protection that has been proven to circulate narcotics. Judge's consideration in deciding the children involved in drug trafficking in the decision of Lubuk Pakam District Court Number 1303 / Pid.Sus / PA / 2014 / PN.LBP is in the form of evidence presented by the public prosecutor as well as the fulfillment of the elements that are indicted and Incriminating matters as well as matters that lighten the defendant and the status of the perpetrator is the child. The handling of children involved in drug trafficking according to the juvenile justice system is based on criminal procedure law taking into account issues relating to the status of narcotics narcotics actors to children as well as taking into account the Criminal Justice System Law as well as the Child Protection Act.