Nilna Auliya Zahra, NIM.: 18103040113 (2022) ANALISIS YURIDIS PENYELESAIAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK MELALUI PROSES DIVERSI DI PENGADILAN NEGERI SUMBER (STUDI PENETAPAN NOMOR 06/PEN.DIV/2021/PN SUMBER). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.
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Text (ANALISIS YURIDIS PENYELESAIAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK MELALUI PROSES DIVERSI DI PENGADILAN NEGERI SUMBER (STUDI PENETAPAN NOMOR 06/PEN.DIV/2021/PN SUMBER))
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Text (ANALISIS YURIDIS PENYELESAIAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH ANAK MELALUI PROSES DIVERSI DI PENGADILAN NEGERI SUMBER (STUDI PENETAPAN NOMOR 06/PEN.DIV/2021/PN SUMBER))
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Abstract
Children are part of the younger generation who are the successors of the nation and state. The crime of narcotics abuse is not only committed by adults but also by children who are underage, but the punishment for perpetrators of crimes committed by children cannot be equated with adults. So that diversion is considered as one way out of resolving cases to deal with cases where the perpetrator is a child. Diversion can be carried out if the crime committed is punishable by imprisonment of under seven years or more in the form of subsidiary, alternative, cumulative, and combined charges and is not a repetition of a crime. Therefore, in this study, the author examines how the application of diversion to the crime of narcotics abuse is carried out by children at the Source District Court level in Determination Number 06/Pen.Div/2021/PN Sbr and what are the factors behind children in committing criminal acts. drug abuse. This research method includes the type of field research (field research), which is a study that uses direct data taken from the research location to obtain the necessary data. The research was conducted at the District Court. The sources and types of legal materials used were primary legal materials, secondary legal materials and tertiary legal materials. The research approach used is normative juridical which is useful for approaching the problem under study using the basis of applicable legislation. The data collection techniques used were direct interviews with judges and prosecutors, copies of files at Number 06/Pen.Div/2021/PN Sbr, research reports, and literature studies, then the data were analyzed using qualitative descriptive methods. Based on the results of the first study, the judge applied a diversion process based on the best interests of the child. In the diversion deliberation which is closed to the public, the diversion deliberations carried out have shown the same desire of the Diversion Facilitator, Children, Parents of Children, Community Counselors, Social Workers and Legal Advisors and Community Representatives so that children can become better. So that a Diversion agreement was reached with the return of the Child to the parent or guardian and several other diversion agreements. While the results of the second study are the factors behind children in committing criminal acts of narcotics abuse caused by internal factors and external factors such as family factors, individual factors, environmental factors, community factors, and others. environment.
Item Type: | Thesis (Skripsi) |
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Additional Information: | Pembimbing: Prof. Dr. Drs. Makhrus, S.H., M. Hum. |
Uncontrolled Keywords: | Anak, Tindak Pidana, Narkotika, Diversi |
Subjects: | PIDANA > Pidana Anak Psikotropika - Narkotika |
Divisions: | Fakultas Syariah dan Hukum > Ilmu Hukum (S1) |
Depositing User: | Muh Khabib, SIP. |
Date Deposited: | 25 Oct 2022 14:35 |
Last Modified: | 25 Oct 2022 14:35 |
URI: | http://digilib.uin-suka.ac.id/id/eprint/54499 |
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