Institusion
Universitas Sumatera Utara
Author
Gultom, Lidya (STUDENT ID : 177005124)
(LECTURER ID : 0006025102)
(LECTURER ID : 0001047403)
(LECTURER ID : 0005107104)
Subject
Criminal liability
Datestamp
2022-11-30 03:28:00
Abstract :
In Indonesia, narcotics have claimed many victims, where the victim of
narcotics crime is classified as "Mutual Victimization" meaning that the victim is the
perpetrator himself. The development of narcotics abuse is increasingly increasing.
The government has issued regulations governing the handling of children as
perpetrators of criminal acts of narcotics abuse, namely Law No. 35 of 2009
concerning Narcotics and Law No. 11 of 2012 concerning the Juvenile Criminal
Justice System. This study will examine and analyze the Tebing Tinggi District Court
Decision No. 21 / Pid.Sus-Anak / 2018 / PN.TBT., Which has been decided by the
judge for action against the child perpetrator of the crime of narcotics abuse, even
though in the case diversion can be carried out, but not done. The problems in this
study, namely: the criminal responsibility of child offenders of criminal offenses of
narcotics abuse based on the Narcotics Law and the Child Criminal Justice System
Law; analysis of decisions used as examples of cases in this study; as well as the
obstacles faced by the Tebing Tinggi Police in law enforcement for the crime of
narcotics abuse against children as perpetrators.
This research is a descriptive normative legal research analysis. The data
used are secondary data and empirical data. Secondary data were collected using
library research techniques and document study data collection tools. Meanwhile,
secondary data were collected using field research techniques and data collection
tools in the form of interviews with in-depth interviews. Furthermore, analyzed using
qualitative analysis methods.
The results showed that: First, the criminal act of narcotics crime based on
the Narcotics Law and the Juvenile Criminal Justice System Law in both laws have
narcotics crime; Second, Tebing Tinggi District Court Decision No. 21/Pid.Sus-
Anak/2018/PN.TBT., Diversion was not attempted, which should the Law
Enforcement Officials, investigators, public prosecutors, and judges be able to seek
diversion based on Article 7 of the Juvenile Criminal Justice System Law to avoid
children from the judicial process, but not carried out; and Third, the Tebing Tinggi
Police Narcotics Unit has not implemented the Juvenile Criminal Justice System Law,
so the handling of cases of juvenile narcotics crimes is disturbed in terms of legal
system theory.