Analysis of Judge's Decision In Deciding Case Of Children Who Criminate Narcotics

Abstract

Children are a gift from Allah SWT which is expected by every prospective parent, Children are also part of the younger generation, one of the human resources who are potential and successors to the ideals of the nation's struggle, which have a strategic role and have special characteristics and characteristics, requiring guidance and protection. in the context of complete, harmonious, harmonious and balanced physical, mental and social growth and development. Prior to the enactment of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, basically children with problems were categorized in terms of juvenile delinquency, which refers to Law Number 3 of 1997 concerning Juvenile Court. Currently almost all children are in conflict with the law, especially those brought to the Criminal Justice system, judges still impose criminal penalties, that includes deprivation of liberty. If children are in prison, many of their rights guaranteed by the Child Protection Act are not fulfilled. In addition, with the limited number of detention centers and prisons for children, children are often combined with adult prisoners. The regulation of narcotics crime is expressly regulated in Law No. 35 of 2009. The form of the sentencing process for the defendant's case in the criminal justice system is expressly regulated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. The judge in this case has applied the articles contained in the Juvenile Criminal Justice System. In addition, the application of criminal sanctions in the case of a child defendant in this case is in accordance with imposing a prison sentence on a child, because no justification and forgiving reasons have been found. so that the child defendant must be held accountable for his actions. This is also in accordance with the theory of punishment, namely the theory of deterrence.