Pertanggungjawaban Pidana Anak sebagai Pelaku Tindak Pidana Penyalahgunaan Narkotika (Studi Putusan Pengadilan Negeri Tebing Tinggi No. 21/Pid.Sus- Anak/2018/PN.TBT)

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.