LEGAL PROTECTION OF CHILDREN AS PERPETRATORS OF NARCOTICS CRIMES AS AN EFFORT TO REFORM THE LEGAL SYSTEM IN INDONESIA (Study Decision Number: 18/Pid.Sus-Anak/2023/PN.Bnj)

Abstract

The involvement of children in narcotics crimes who become narcotics couriers is a series of malicious agreements in carrying out illegal narcotics trafficking, but in the capacity of the category of children who help in terms of trade or distribution by accompanying the owner of the goods by being promised or lured has often hit children of that age, this is a very concerning thing where the child has been dealt with and are classified as having committed narcotics crimes. In this case, the child has committed an act, malicious consensus without rights or against the law offering to sell, sell, buy, receive, become an intermediary in the sale and purchase, exchange or hand over Class I Narcotics which in the form of plants weighing more than 1 (one) kilogram or exceeding 5 (five) tree trunks or in non-plant forms weighing more than 5 (five) grams. As a result of this incident, the child was charged as regulated and threatened with criminal punishment in Article 114 Paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics Jo Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The type of research in writing this thesis is carried out with a type of normative legal research in the form of literature research that uses 3 legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. This legal research focuses on literature studies which means that more will be studied and reviewed existing and applicable legal rules. The results of this study show that the Legal Protection of Children as Intermediaries in the Legal System in Indonesia in Decision Number: 18/Pid.Sus-Anak/2023/PN.Bnj. namely by referring to Article 114 Paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics Jo Law Number 11 of 2012 concerning the Child Criminal Justice System, Legally and convincingly proven guilty of committing a criminal act "Without the right to make a malicious conspiracy to sell Class I narcotics that are not plants weighing more than 5 grams, the Judge of the Binjai Court has imposed an action on the child, in the form of an action to be returned to the parents and ordered the child to be released from the custody of the Temporary Child Placement Institution (LPAS). The basis for the judge's consideration is the Juvenile Criminal Justice System as stipulated in article 69 paragraph (1) of Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System. This Criminal Policy is a grand design of the Indonesian Government's legal politics which recognizes the human rights of children with the aim that children are the nation's asset capital that can be useful in the future so that special arrangements are needed in the settlement of cases that befall them. With the hope that the child can return to society as the nation's asset capital in the future.