How to cite:

Imah Kardita, Johana Melisa Tobing, Jesika Fatma Sari, Salsa Deviana Puspita Sari (2024)

Implementasi Sanksi Pidana Terhadap Pelaku Penyalahgunaan Narkotika pada Anak, (06) 04,

https://doi.org/10.36418/syntax-idea.v3i6.1227

E-ISSN:

2684-883X

Published by:

Ridwan Institute

IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST

PERPETRATORS OF DRUG ABUSE IN CHILDREN

Imah Kardita, Johana Melisa Tobing, Jesika Fatma Sari, Salsa Deviana Puspita

Sari

Universitas Bandar Lampung, Indonesia

Email: [email protected]

Abstract

Drug abuse by children is a deviation of behavior or unlawful acts. In the Child

Protection Law and the Juvenile Criminal Justice System Law, legal protection must be

provided to children who are in conflict with the law. The purpose of this study is to

analyze how the implementation of criminal sanctions against perpetrators of drug

abuse in children. This research uses the theory of liberalism on the basis of freedom

and human rights (HAM). As a vulnerable party in the criminal justice process, even

though undergoing the judicial process, children must still receive protection. Based on

the interview between the author and the investigator, it can be concluded that all legal

processes of convicted drug convicts in children have been running with applicable

legal provisions, it's just that there is one thing that should be an important point that is

needed during the legal process. Then if a minor violates the law, the thing that must be

done is to give sanctions so that the child can realize that the actions he has done are

wrong and can cause violations of the law. The involvement of minors in narcotics is

punishable with a crime based on the Narcotics Law "No. 35 of 2009", in which case

minors are entitled to legal protection under the Criminal Code and Law "No. 11 of

2012". Where a child will get a dry punishment that is returned to his parents or six

months of job training at the Lampung Provincial Social Service

Keywords: Implementation ; juvenile ; narcotics ; crimes

INTRODUCTION

Law enforcement against drug crimes has been carried out by many law

enforcement officials and has received many judges' rulings in court hearings. This law

enforcement is expected to be able to act as an antidote factor against the spread of drug

or narcotics trafficking, but in reality the more intensive law enforcement is carried out,

the more the circulation of narcotics trafficking increases. Narcotics crime based on

Law Number 35 of 2009 Isnaini, (2017), Providing criminal sanctions is quite severe, in

addition to being subject to corporal punishment and also subject to fines, but in reality

the perpetrators are actually increasing. This is because the factor of imposing criminal

sanctions does not have an impact or deterrent effect on the perpetrators.

The criminal act of misuse of narcotics (gequalificeerde diefstal drugs) as

stipulated in Law Number 35 of 2009 concerning Narcotics (Sari & Anggalana, 2022).

The offender can account for all his mistakes. Criminal acts of drug abuse

JOURNAL SYNTAX IDEA

p–ISSN: 2723-4339 e-ISSN: 2548-1398

Vol. 6, No. 04, April 2024

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

Implementation of Criminal Sanctions Against Perpetrators of Child Narcotics Abuse

Syntax Idea, Vol. 6, No. 04, April 2024 1629

of the law, but clearly there is legal protection for children who are entangled in legal

cases in Indonesia (Sujana, Dewi, & Karma, 2022).

In order to realize the Indonesian government's drug-free program through the

rehabilitation of addicts is very helpful in overcoming drug crimes. One of the efforts to

overcome drugs by means of drug rehabilitation through music therapy and other

methods. Based on Law Number 35 of 2009 concerning Narcotics and Law Number 5

of 1997 concerning Psychotropics, both regulate the application of rehabilitation

sanctions as a period of punishment, therefore it is very appropriate if the application of

rehabilitation offered is through music therapy (Hasan, 2017)

The purpose of this study is to analyze how the implementation of criminal

sanctions against perpetrators of drug abuse in children.

RESEARCH METHODS

Research method is a method used by researchers or designs used to collect

information or facts and use the information obtained for the benefit of a study

(Sabaniah, Ramdhan, & Rohmah, 2021). The research method provides a view of the

plan that will be carried out by researchers (Ismayani, 2019) Among them: Motede and

activities to be carried out, duration of study, sources of information, and using what

Motede the data is obtained which is then processed and described. This research uses

the theory of Liberalism. Liberalist theory is used on the basis of freedom and human

rights. The status of children as victims of drug abuse should not be used as a basis for

treating children who use drugs in a discriminatory manner before the law. Therefore,

states must ensure access to fair and fair juvenile criminal justice without prejudice to

the treatment or process of children who abuse drugs unlawfully because it is in the best

interest of the child as the primary consideration in deciding policies, laws, court

decisions, and other government actions related to children. This research review uses

literature in the form of book reviews, journals and various legal materials and

applicable laws.

And this study also uses normative legal research types. This type of legal

research is research that prioritizes examining legal materials based on books and

applicable laws. Data collection used in this study using techniques including Using

literature study techniques, is a motede of collecting data by conducting a review study

of books, records, related or related to the problem. Using internet research or internet

studies, namely motede collecting data through keyword searches for problems to be

solved (Rifa’i, 2023).

RESULTS AND DISCUSSION

Drug trafficking in Indonesia is usually transported through land, air or sea

package services (Oktaviani & Yumitro, 2022). It is not uncommon for immature or

underage children to act as couriers or intermediaries when carrying drugs. The

innocence of minors is the reason why drug dealers use these children to transport

drugs. In addition, the use of minors as drug dealers is estimated to cover up the true

identity of drug dealers. The rampant use of minors as drug dealers is inseparable from

Imah Kardita, Johana Melisa Tobing, Jesika Fatma Sari, Salsa Deviana Puspita Sari

1630 Syntax Idea, Vol. 6, No. 04, April 2024

the lack of parental attention and control of the surrounding community. Children who

are difficult to control by parents and the surrounding community are often too easy to

believe in the words or requests of people they just know, do not consider the dangers or

risks they will face in the future. Technological advances also worsen the situation,

science and culture that are not developmentally appropriate in children. Which actions

committed by children from early childhood to adulthood are factors causing child

delinquency. The impact of this delinquency is very difficult for many people,

especially for themselves, and the surrounding community. Crimes committed by a

child are not only acts of children who violate the law, in this case they are also

classified as acts or that violate the norms that exist in society.

Some other reasons why children fall into substance abuse are::

1. Parental activities, or lack of parental time, parents are too busy not paying attention

to the life and growth of their children who are still in school

2. Broken home, children lose their way due to the chaos of their families, and are

vulnerable to falling into the abyss of drugs

3. Social changes, sudden lifestyle overuse, children have everything they should have,

and it is easy to bring children into the abyss of narcotics

4. Finding difficulties in his education

5. The flow of young people, usually young people love novelty and adventure, these

trips may be related to groups of people who use drugs

6. Incorrect or exaggerated information People who previously did not know the drug

problem became curious, as a result of the information, but most people still made up

many sensational stories to make people interested in trying.

Factors that cause child delinquency are one form of attitudes or actions carried

out by children from childhood to adulthood, this kind of crime has a negative impact

that many people can feel, especially for themselves, and the surrounding environment.

Juvenile delinquency is not only child delinquency, but also a violation of social norms.

Article 114 paragraph (1) and paragraph (2) of Law "No. 35 of 2009"

concerning Narcotics, in this article children are held criminally responsible as narcotics

couriers as well as the application of the article of adults. In this case, a difference was

found that lies in the implementation of sanctions where sanctions on children are lower

than sanctions for adults. This is based on Article 81 of Law "No. 11 of 2012" related to

the Juvenile Criminal Justice System, including: Imprisonment that can be given to

children is at most 1/2 (half) of the maximum threat of imprisonment for adults. Based

on the Law related to the Juvenile Criminal Justice System, a child who is in conflict

with the law, a child as the object of a criminal act and a child who is sanctioned in a

criminal act is a child who is facing the law. Criminal sanctions imposed on children

have several points of view or perspectives that must be observed, including

psychological or mental health in children and individual personalities owned by

children. In the doctrine of criminal law, there are various reasons why judges do not

convict criminal offenders or defendants who commit criminal acts in court.

Implementation of Criminal Sanctions Against Perpetrators of Child Narcotics Abuse

Syntax Idea, Vol. 6, No. 04, April 2024 1631

It should also be emphasized that the punishment of children must reflect a

sense of legal justice and a sense of community justice. children with the opportunity to

improve themselves, because in special institutions to guide and direct children and

provide opportunities for the restoration of the system of social order that has been

damaged as a result of the child's behavior and for the community to provide

opportunities and accept children back in the community after leaving the formation

institution (Zanah et al., 2023).

Among the various forms of laws and regulations that define children is the

understanding given to children by the Criminal Code (KUHP) Zanah et al., (2023), in

Article 45 a child is defined as a person who is immature or has not reached the age of

majority. 16 years old. Furthermore, the Civil Code (KUHPer) also provides the

definition of children in Article 330 which stipulates that "an adult is someone who is

not yet 21 years old or unmarried. In addition, the Child Protection Law "No. 23 of

2002" (hereinafter referred to as the "PA Law") and the Amendment "No. 35 of 2014"

to the Juvenile Justice Law" No. 11 of 2012" (hereinafter referred to as the "SPPA

Law") both provide definitions of the article. Article 1 point 1 (PA Law) states that "a

person who is not yet 18 (eighteen) years old, including a child who is still in the womb

is referred to as a child". Meanwhile, Article 1 Paragraph 3 of the Law on the Protection

of the Rights of the Child defines a child as "a child who commits a violation of the law,

hereinafter referred to as a child, is a child who has reached the age of twelve (twelve)

years but has not reached the age of 18 (eighteen) children involved in the crime”.

The basics for sentencing children who face the law, which are contained in the

Law related to the juvenile justice system, namely Law No. 1. Law "Number 11 of

2012". Regarding the relationship between children used in drug trafficking

intermediaries, there is no clear provision in determining the appropriate criminal

punishment of children, but in general children involved in drug cases will still be

prosecuted in accordance with the provisions of the "Drug Law" and will not affect the

"Drug Law". "Decisions are made in the juvenile justice system." The "Anti-Drug Law"

does not limit the age of criminal conviction, but in criminal justice, children will

receive different treatment, for example detention procedures will not be united with

adults, and the handling process will be accelerated. Paragraphs 1 and 2 of Article 119

of the Law state: "Any person who without rights and against the law offers for sale,

sells, buys, receives, intercedes in the sale, exchange, or delivery of class II narcotics.”

Then Article 124 paragraphs 1 and 2 read: "Any person who without rights and

against the law offers for sale, sells, buys, receives, intercedes in the sale, exchange, or

delivery of class III narcotics". However, the provisions contained in the Narcotics Law

are not explained related to children as intermediaries in the sale and purchase of

narcotics, but only speak in general terms about "everyone". Therefore, children are

classified as drug dealers under Articles 114, 119 or 124 of the Narcotics Law and the

SPPA Law. The child can be sentenced to imprisonment as stipulated in Article 81

paragraph 2 of Law Number 11 of 2012, hereinafter referred to as the "SPPA Law", that

is, the imposition of punishment on children is at most half of the adult crime.

Imah Kardita, Johana Melisa Tobing, Jesika Fatma Sari, Salsa Deviana Puspita Sari

1632 Syntax Idea, Vol. 6, No. 04, April 2024

Therefore, according to the author's consideration, the child as an intermediary in the

drug trade cannot be completely blamed on the child, on the one hand the child can also

be said to be a victim. Running away from the role of an adult orders him to use the

innocence of the child to gain more profit for the dealer.

Therefore, it is appropriate that a restorative justice approach be used to achieve

the goal of child abuse. The authorities in this matter need to treat children faced with

criminal acts with care or care, and must be based on a sense of responsibility to the

perpetrators, victims and the community (Jambak, 2023).

Imposing crimes on children often causes debate, because this has far-reaching

consequences both in terms of behavior and stigma among society and also in children.

Law No. 11 of 2012 The Juvenile Criminal Justice System adheres to a double track

system, which is a two-track system that regulates criminal actions and sanctions.

Through the implementation of a two-track system, the sanctions imposed will better

reflect justice, both for perpetrators, victims, and the community. So that through a two-

track system, judges can determine the imposition of sanctions on children who are

appropriate and appropriate to be held accountable by children who are in conflict with

the law (Nashriana, 2013).

There are 2 (two) categories of child behavior that make children have to face the

law, namely Offence status (child delinquency behavior which if committed by adults is

not considered a crime, such as disobeying, skipping school or running away from

home), and Juvenile Delinquency (child delinquency behavior which if committed by

adults is considered a crime or violation of the law).

Regarding the provisions of criminal sanctions against children as perpetrators of

narcotics crimes, in Article 71 of the SPPA Law (Juvenile Criminal Justice System)

there are provisions for criminal sanctions that can be imposed on children who are in

conflict with the law, namely:

1. Principal Crime, in the form of :

a. Criminal warning

b. Criminal with conditions :

1) Out-of-board construction

2) Community service

3) Supervision

c. Job training

d. Construction in the board

e. Prison

2. Additional Crimes, in the form of :

a. Deprivation of profits derived from criminal acts

b. Fulfillment of customary obligations.

Freedom and human rights to children are one form of legal protection for

children that can be done (fundamental rights and freedoms of children) (Arief, 1998).

Legal protection of the rights of the child itself, intended to provide protection of needs

that deal with the peace of the child. A protective form of children's human rights,

Implementation of Criminal Sanctions Against Perpetrators of Child Narcotics Abuse

Syntax Idea, Vol. 6, No. 04, April 2024 1633

namely children in the judiciary will be given legal protection. In the Convention on the

Rights of the Child, children's rights can generally be grouped into 4 (four) categories,

namely the right to survival, the right to protection (Protection Rights), the right to

growth and development (Development Rights), and the right to participate

(Participation Rights) (Candrawati, 2007; Fahlevi, 2015).