Penerapan Hukuman Pidana terhadap Anak yang Berhadapan dengan Hukum Penyalahgunaan Narkotika (Studi Putusan Pengadilan Negeri Lubuk Pakam 45/Pid.Sus-Anak/2021/PN.Lbp dan Putusan No. 62/Pid.Sus-Anak/2020/PN.Lbp)

Abstract

There is a disparity in the punishment of narcotics crimes committed by children, especially at the Lubuk Pakam District Court. Lubuk Pakam District Court Decision No. 45/Pid.Sus-Anak/2021/PN.Lbp sentenced to imprisonment for one (one) year and 6 (six) months respectively and job training for 3 (three) months. In contrast to the Lubuk Pakam District Court Decision No. 62/Pid.Sus-Child/2020/PN.Lbp which imposed the sentence, underwent mental and spiritual training for 8 (eight) months at the Bukit Doa Foundation, Taman Getsemani on Jl. Tuntungan Golf No. 120 Pancur Batu, Medan. This disparity has the potential to cause legal uncertainty and differences in legal treatment that can harm children who are perpetrators of narcotics crimes. The decision does not reflect adequate legal protection for children who are perpetrators of narcotics crimes. This research is descriptive analytical that examines the application of criminal sanctions and legal protection for children in the Lubuk Pakam District Court Decision No. 45/Pid.Sus-Anak/2021/PN.Lbp and No. 62/Pid.Sus-Anak/2020/PN.Lbp. This study uses library research and interviews as data collection techniques and using qualitative data analysis. The results of this study indicate that the existence of imprisonment for children in the Lubuk Pakam District Court Decision No. 45/Pid.Sus-Anak/2021/PN.LBP is a form of neglect of special protection as regulated in Article 64 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, one of which is realized by avoiding from arrest, detention or imprisonment, except as a last resort and for the shortest time. The ideal special protection for children has been realized by the Judge in the Lubuk Pakam District Court Decision No. 45/Pid.Sus-Anak/2021/PN.LBP dated August 30, 2021 which imposes criminal sanctions for mental and spiritual development that reflects the guarantee and fulfillment of children's rights in conflict with the law, especially the application of the principle of the best interests of children and pay attention to the growth and development of children.