PENYALAHGUNAAN NARKOTIKA OLEH ANAK (Putusan Nomor 12/Pid.Sus/2018/PN.Btl dan Nomor 13/Pid.Sus/2018/PN.Btl)

IRIS INDIRA MURTI, NIM. 16340069 (2020) PENYALAHGUNAAN NARKOTIKA OLEH ANAK (Putusan Nomor 12/Pid.Sus/2018/PN.Btl dan Nomor 13/Pid.Sus/2018/PN.Btl). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Head of the National Narcotics Agency (BNN) Commissioner General of Police Heru Winarko said, the abuse of narcotics among adolescents is increasing. Where there is an increase of 24 to 28 teenagers who use narcotics. The results of the study a few years ago, millennial or young generation was only 20 percent and now 24-28 percent of which most users are children and adolescents. Based on the BNN data, it can be seen that the spread of narcotics among children is growing, this reality is very worrying because children are the next generation of the nation in the future, children need special guidance and protection. In this case the Judge has an important role to decide the case, for the survival and future of the child, because the child who fully commits a crime has not yet developed and is still unstable. This study aims to find out what are the considerations used by the Judge and how the tendency of the Judge to impose sanctions on children who abuse narcotics based on decision number 12 / Pid.Sus / 2018 / PN.Btl and number 13 / Pid.Sus / 2018 / PN. Btl. This type of research is a doctrinal research with a normative juridical approach. The data analysis method used is descriptive analytic. Data collection was carried out by compilers with literature and field studies. The theory used to analyze is the theory of judicial power and criminal theory. The results of the study explained that the Judges considered two categories, namely juridical and non-juridical considerations or what is often called sociological. The judge also considers based on the age of the child offender and the results of the social research report. Furthermore, based on interviews with related judges it was found that so far the tendency of Judges to impose sanctions on children who abuse the nerkotika in the form of imprisonment without considering sanctions in the form of rehabilitation.

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