Perbuatan Pidana dan Pertanggungjawaban Pidana Anak yang Berkonflik dengan Hukum dalam Tindak Pidana Penyalahgunaan Narkotika (Studi Putusan Pn Medan Nomor: 39/Pid.Sus-Anak/2021/Pn.Mdn)

Abstract

Criminal acts of narcotics abuse committed by children should receive special attention because children are the next generation of the nation so that children who commit narcotics abuse crimes must be held accountable for their actions in accordance with applicable regulations, but on the one hand judges must also pay attention to children's rights in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System so that this matter must receive special attention. The formulation of the problem in this research is how is the legal regulation regarding narcotics crimes in Indonesia, what is the criminal responsibility of children who commit crimes of narcotics abuse, and how is the juridical analysis of the judge's decision in the Medan District Court Decision Number: 39/Pid.Sus-Anak/2021 /PN Mdn. The research method used in this research is normative juridical research, which is supported by primary data sources and secondary data, and qualitative analysis is carried out. The results of the research and discussion in this thesis are arrangements regarding narcotics crimes regulated in Law Number 35 of 2009 concerning Narcotics. Criminal responsibility for children who abuse narcotics in this case must fulfill 3 (three) elements, namely the existence of mistakes, the ability to be responsible and the absence of reasons for forgiveness and also regarding criminal sanctions still referring to the provisions in Law Number 35 of 2009. Juridical analysis of decisions the judge in this case has fulfilled the elements of criminal responsibility and regarding the article handed down it is appropriate but regarding the form of punishment it would be more appropriate if it was imposed in the form of returning to parents as stipulated in Article 82 of Law Number 11 of 2012 concerning the Criminal Justice System for Children where this is in accordance with the principle of ultimum remedium and focuses more on rehabilitation and pays attention to the future and development of children.