Penjatuhan Pidana Pengganti Denda Terhadap Anak Yang Menjadi Perantara Jual Beli Narkotika (Analisis Putusan Nomor 35/Pid.Sus-Anak/2022/PN.Lbp dan Putusan Nomor 21/Pid.Sus-Anak/2024/PN.Mdn)

Abstract

The rampant involvement of children in narcotics crimes, one of which is as narcotics intermediaries, causes the need for protection and legal approaches in accordance with the juvenile criminal justice system. However, children involved in criminal offenses in the imposition of punishment against children there are still discrepancies with Law Number 11 of 2012 concerning the Child Criminal Justice System, especially the imposition of punishment in lieu of fines. The problems discussed in this study are related to the regulation of narcotics crime, the regulation of criminal fines against children in juvenile criminal law, and analyzing the imposition of criminal fines on children who are intermediaries in the sale and purchase of narcotics in Decision Number 35/Pid.Sus-Anak/2022/PN.Lbp and Decision Number 21/Pid.Sus-Anak/2024/PN.Mdn. The research method used is normative juridical using secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection using literature study techniques with qualitative methods. The results showed that Law Number 35 Year 2009 on Narcotics is a legal regulation that has contained the classification of narcotics, acts that include narcotics crimes and the formulation of sanctions for narcotics crimes. In the case of children as perpetrators of narcotics crimes, the imposition of fines against children does not apply as in Law Number 11 of 2012 concerning the Child Criminal Justice System, because fines are no longer regulated as part of the main punishment against children. The removal of fines from the main punishment that can be imposed on children is certainly motivated by the existence of substitute punishment for fines whose punishment objectives are considered more beneficial for children. The application of punishment in lieu of fines against children in Decision Number 35/Pid.Sus-Anak/2022/PN.Lbp and Decision Number 21/Pid.Sus-Anak/2024/PN.Mdn is still inconsistent with Article 71 paragraph (3) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which stipulates that if the material law imposes cumulative punishment in the form of imprisonment and fines, the fine shall be replaced with work training.