The Criminal Judgment Process against Children as Narcotics Users

Abstract

This research aims to examine and analyze criminal law policies on the juvenile justice process as Narcotics users. In this paper, the author uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the form of punishment in the form of action can be determined by the judge by looking at the point of view of protecting children's rights, where the judge views that children can change, correct their mistakes and become better in the future. Child users or narcotics addicts according to the law as perpetrators of narcotics crimes are the provisions of the law governing the imprisonment given to perpetrators of narcotics abuse. Then on the other hand, it can be said that the child who is the perpetrator of a narcotic crime is a victim, it is indicated by the provision that narcotics addicts can be sentenced to rehabilitation. Shifting the form of punishment from corporal punishment to action punishment is a depenalization process. Depenalization is an act that was originally threatened with a criminal offense and then this criminal threat is removed, but it is still possible to be prosecuted in other ways, for example through civil law or administrative law.