Juridical Analysis of Regulatory Policies and Judges' Legal Considerations in Juvenile Criminal Justice (Study of Slawi District Court Decision Number 1/Pid.Sus-Anak/2022/PN Slw)

Abstract

Regulations relating to Narcotics in Indonesia are regulated in Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, however, this Law does not provide exceptions for child perpetrators, so judges in deciding cases against children in conflict with the law are obliged to refer to the Law. Number 11 of 2012 concerning the Juvenile Criminal Justice System, the decision that can be handed down by a judge regarding criminal acts committed by children is by imposing a crime or action on the child concerned. This research aims to examine and analyze: (1) Regulatory policies in criminal law towards children as narcotics abusers, (2) Judges' considerations in decisions regarding narcotics abuse committed by children. The approach method used in this research is sociological juridical. The specifications of this research are analytical descriptive. The data sources used are primary data and secondary data. Based on the results of the research and discussion, it can be concluded: (1) Narcotics crimes in Indonesia are regulated in Law Number 35 of 2009 concerning Narcotics where in this law also regulates Narcotics crimes committed by children, so the provisions of the Law are not allowed to be overridden. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. (2) Case Decision Number 1/Pid.Sus-Anak/2022/PN Slw, the judge's consideration in making the decision must adhere strictly to the provisions of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System which is the spearhead of judges both in examining case files, trials, and making decisions on children in conflict with the law, and judges in deciding cases must consider the demands of the Public Prosecutor, BAPAS recommendations , the defense of legal advisors and also parents' opinions regarding things that are beneficial for children.