Children’s Criminal Jurisdiction System Against Narcotic Crimes in Children

Abstract

Imposing punishment for children is considered unwise, but it must be done because it is still essential to punish children, especially in cases of narcotics crime, so that the child's wrong attitude does not continue to become permanent until he is an adult and results in community unrest. The abuse of narcotics by children is a behavior violation and an act against the law. Penalties for narcotics offenders differ between adults and children. This is because it is to protect the rights of a child who is involved in a criminal act, especially in narcotics crime. This study aimed to determine the provisions of case handling for children who commit narcotics crimes and how to implement criminal sanctions against children who are offenders of narcotics crimes. The research method used is juridical normative with the results of the analysis that the provisions for handling cases for children who commit narcotics crimes can be seen in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, against children who are perpetrators of narcotics crimes by applying the diversion of children's cases, it can be resolved non-judicial that the involvement of children in the judicial process will give birth to stigmatization and affect the mental condition of the child. Criminal sanctions for narcotics offenders committed by children are based on specific considerations such as from a juridical perspective, sociological, psychological, and philosophical. The threat of punishment for children can only be imposed 1⁄2 (one-half) of the greatest danger from an adult based on the provisions of the law due to diversion provision. It is hoped that judiciary involving children can be resolved non-judicial to reduce stigmatization and mental condition of children.