Imah Kardita, Johana Melisa Tobing, Jesika Fatma Sari, Salsa Deviana Puspita Sari
1628 Syntax Idea, Vol. 6, No. 04, April 2024
(gequalificeerde diefstal drugs) still often occur in the Republic of Indonesia. The
juridical basis governing the criminal act of drug abusers (gequalificeerde diefstal
drugs) is Law Number 35 of 2009 concerning Narcotics. The social phenomenon that
occurs according to Wirjono Prodjodikoro that a drug abuser is caused by several
factors, including the negative impact of globalization, communication and information,
advances in science and technology, lifestyle changes that have brought social changes
in people's lives.
Article 113 of Law Number 35 of 2009 concerning Narcotics of the Republic of
Indonesia states: "any person who without rights or against the law produces, imports,
exports, or distributes class 1 narcotics, shall be punished with a prison sentence of not
less than 5 (five) years and a maximum of 15 years (fifteen) years and a fine of at least
IDR 1,000,000,000 (one billion rupiah) and a maximum of IDR 10,000,000,000 (ten
billion rupiah)". Drug dealers often use and use minors as liaisons when transporting
drugs from one region to another (Hasan & Firmansyah, 2020; Zanah, Silpiani, &
Hasan, 2023).
There is an aspect or reason between, the provision of wages in return for a
service that is so large and the lack of knowledge related to drugs that causes minors to
be so lightly targeted for drug dealers in circulating drugs thoroughly and privately
(Gukguk & Jaya, 2019). The role or participation of children in a drug crime, as a dealer
or liaison between the dealer and also the user of prohibited goods, this certainly
triggers feelings of worry and anxiety about the activities carried out by the child
(Subandri & Widyarsono, 2021). Melihat anak merupakan generasi selanjutnya dan juga
landasan harapan orang tua dan kerabat bahkan negara Indonesia kedepannya. Kondisi
ini lah yang menyebabkan kemampuan seorang anak menjadi lemah dan berkurang
sehingga mampu mempengaruhi mekanisme belajar mengajar disekolah, mutu dan
kapasitas didalam tumbuh kembang dirinya sendiri.
Regarding children who conflict with legal issues, this must be clarified in Article
59 of the Child Protection Law No. 23 of 2002, which stipulates that "the government
and society have the obligation and responsibility to provide protection to a child who is
in urgent conditions such as children facing the law, children from minority and isolated
groups, children who are exploited economically and/or sexually, child victims of
trafficking, and special protection materials (drugs) for children addicted to narcotics,
psychotropics, alcohol, and other addictive substances), children who are victims of
kidnapping, children victims of sale and trafficking, children victims of physical and/or
psychological violence, children with disabilities and children victims of violence and
neglect.
Some time ago, one of the special crimes involving minors as couriers and users
was found, namely narcotics crimes which are based on the Narcotics Law. Types of
Narcotics are classified into three groups, namely groups I, II and III as stipulated in the
Narcotics Law, but the highlight is the acquisition of several articles that happen to try
to bring the victim's position closer to certain drug crime perpetrators such as drug
users. As is also known, the enforcement of legal cases against children has a different
enforcement or judicial process than the enforcement of legal cases for adults, in which
the enforcement is also carried out in accordance with Article 1 Paragraph (7) of the
Juvenile Justice System Law, which in that method is a transfer of the case resolution
process. Of course, criminal cases from what originally existed in the justice system to
outside the system by ensuring the values of justice and legal expediency as the purpose