Tinjauan Yuridis Terhadap Undang-Undang Noor 11 Tahun 2012 Tentang Peradilan Pidana Anak dan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika (Studi Putusan di Pengadilan Negeri Kisaran)

Abstract

Illicit trafficking victims currently consuming all backgrounds, ranging from adults to minors. Meshes narcotics threatens children who are the future generation. Surely it must be a serious concern for the government and society, given the dangers of narcotics claimed the future of the nation. This type of research in this thesis is a normative legal research. This study aims to examine the legal regulation of narcotics abuse against children under the Act and the Juvenile Justice System Act of Narcotics. To assess the application of legal sanctions against children who do abuse drugs at the Kisaran District Court and to examine the concept of consideration in decisions judges rehabilitation of children who commit drug abuse in the Kisaran District Court . circulation Legal arrangement regulated under Law No. 11 Year 2012 on the Juvenile Justice System. As one of the important chapters in this law is about the juvenile justice system that emphasizes restorative justice as described in Article 5, namely: (1) Mandatory Juvenile Justice System prioritizes Restorative Justice approach; (2) Children Criminal Justice System as referred to in paragraph (1) shall include: a. Investigation and criminal prosecution of children carried out in accordance with the provisions of the legislation, unless otherwise provided in this Act. The application of penal sanctions that legal sanctions against children who do abuse drugs at the Kisaran District Court in penal jurisdiction which is based on the consideration of punishment that can be meted out to the child is 1/2 (half) of the maximum penalty of imprisonment for adults. So also in children as perpetrators of drug abuse. While the non-penal sanctions are considerations related legal sanction non-penal sanctions against children who do abuse drugs at the Kisaran District Court is to see that sociological considerations that the judge must consider the background of the child, to engage in drug abuse and the extent of his involvement. The child then it can be sentenced to a low or rehabilitated. The concept of thought being given to the judge in decisions rehabilitation includes consideration of juridical, philosophical and sociological as well as adhering to the SEMA No. 04 of 2010 which basically says the decision can be implemented rehabilitation if caught red-handed, arrested when found evidence of the use of 1 (one) day, a letter Test laboratory posotif use the Request Narcotics Investigator, the presence of a doctor's certificate soul / government psychiatrist appointed by the judge to explain the defendant is a user or addict to be treated, and there is no evidence in question related to the illicit traffic of Narcotics.