Penjatuhan Pidana Denda Subsider Pidana Penjara Terhadap Anak Sebagai Pelaku Tindak Pidana Permufakatan Jahat Menjual Narkotika Golongan I (Studi Putusan Nomor 2/Pid.Sus-Anak/2021/PN Sky)

Abstract

Drug crime is one form of extraordinary crime that is currently rampant in Indonesia. The development of drug trafficking is increasingly uncontrolled, as it not only involves adults but now also involves children. The imposition of fines in cases where children commit the crime of conspiracy to sell class I narcotics in the Sekayu District Court Decision Number 2/Pid.Sus-Anak/2021/PN Sky illustrates the judge's error in the application of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research problem in this study is how drug crimes are regulated under criminal law in Indonesia, how fines are regulated for children as perpetrators of drug crimes, and how to analyze the imposition of subsidiary fines on prison sentences for children as perpetrators of drug crimes in the Sekayu District Court Decision Number 2/Pid.SusAnak/2021/PN Sky. The research method used in this thesis is the normative legal research method, which is legal research conducted by examining bibliographic materials or secondary data obtained from primary legal materials, secondary legal materials, and tertiary legal materials. The regulation of narcotics offenses in Indonesian criminal law is governed by Law Number 35 of 2009 concerning Narcotics as stated in Chapter XV CRIMINAL PROVISIONS, with the provisions of drug conspiracy regulated in Article 132 of the Narcotics Law. Fines and substitute fines are regulated in the Criminal Code and Law Number 35 of 2009 concerning Narcotics, but for children, there are specific provisions for fines. Fines are not included in the category of main criminal sanctions based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, so normatively, children cannot be subjected to fines, including in narcotics cases. The imposition of punishment on a child in the decision of the Sekayu District Court Number 2/Pid.Sus-Anak/2021/PN Sky in the form of imprisonment for 3 (three) years and a fine of IDR 1,000,000,000.00 (one billion rupiah) with the provision that if the fine is not paid, it will be replaced by imprisonment for 3 (three) months, is not in accordance with the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System Article 71 paragraph (3) with the provision that if in substantive law a cumulative penalty of imprisonment and a fine is threatened, the fine is replaced with vocational training.