Jimmy Hutagalung, Rodliyah, Muhammad Natsir

Abstract:

This study aims to find out and understand about Criminal Stelsel in Narcotics Crimes for Child Actors as well as to know and analyze Criminal Applications Against Narcotics Abusing Children. The research method used is normative juridical research method, with the approach of Legislation, Conceptual Approach, and Case Approach. The results of the study show that: First, criminal Stelsel against child perpetrators in Narcotics crimes that can be imposed by Judges is not limited to the threat of imprisonment as stipulated in Article 127 of Law No. 35 of 2009 concerning Narcotics, but judges also in imposing sanctions on their decisions must be guided as stipulated in Article 71 of Act No.11 of 2012 concerning the Criminal Justice System of Children which formulates that children who have not reached the age of 14 (fourteen) years only can be subject to action and for children who have reached the age of 12 (twelve) years up to 18 (eighteen) years can be punished and criminal. Second, the Judge in imposing a verdict on the child perpetrators of narcotics users tend to use juridical considerations compared to non-juridical ones. This is seen in 3 (Three) Mataram District Court Decisions and only 1 (one) Decision of the District Court that applies Diversity in the form of rehabilitation for children. Juridical considerations alone are not enough to determine the value of justice in prosecuting minors, without being supported by sociological, psychological, and criminological non-juridical considerations.

Keywords: criminal stelsel, judge’s decision

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