Perlindungan Hukum terhadap Anak sebagai Pelaku Penyalahgunaan Narkotika (Studi Putusan Pengadilan Negeri Singkawang No. 6/PID.SUS-ANAK/2020/PN.SKW, dan Putusan Pengadilan Negeri Liwa NO. 15/PID.SUS-Anak/2020/PN.LIW)

Abstract

Children are legal subjects and national property, as part of the younger generation, they play a very strategic role as successors to a nation. They are the successor to the idels of a nation’s struggle. The research delves into how the laws on juvenile drug offender are regulated? How about forms of the legal protection for juvenile drug offenders according to the Law Number 35/2014 on Child Protection, and whether the considerations of the judge in the Court Ruling No. 6/Pid.Sus-Anak/2020/PN.Skw and Ruling No. 15/Pid.Sus-Anak/2020/PN.Liw are in accordance with the legal child protection regulations. This research employs normative juridical method. It studies document studies such as laws and regulations, legal theories and scientific views regarding juvenile drug offenders and the Court Ruling No. 6/Pid.Sus-Anak/2020/PN.Skw and Ruling No. 15/Pid.Sus-Anak/2020/PN.Liw. The research finds that the basic legal regulations on juvenile drug offenders are governed by Law No. 35/2009 on Narcotics Law, No. 35/2014 on Child Protection, and Law No. 11/2012 on Juvenile Justice System. The form of legal protection for juvenile drug offenders is to ensure and protect children and their rights so that they can live, grow, develop, participate optimally in accordance with human dignity and self-respect, receive protection against violence and discrimination, and provide rehabilitation for children. The result of the juridical analysis show that the two district court rulings are wrong and do not provide legal protection for the children because they only impose criminal penalties in the form of imprisonment, without rehabilitation facilities