KAJIAN YURIDIS PERTIMBANGAN HUKUM OLEH HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP TINDAK PIDANA NARKOTIKA YANG DILAKUKAN OLEH ANAK

Studi Pada Putusan Pengadilan Negeri Tarutung Nomor 1/Pid.Sus-Anak/2020/PN.Trt

Abstract

The purpose of this study is to review and analyze the application of material criminal law to children as perpetrators of drug abuse based on the Tarutung District Court Decision Number 1 / Pid.Sus-Anak / 2020 / PN.Trt. Reviewing and analyzing legal considerations by a panel of judges in criminal acts against children as perpetrators of narcotics abuse based on the Tarutung District Court Decision Number 1 / Pid.Sus-Anak / 2020 / PN.Trt.
The rampant circulation of narcotics involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit criminal acts must still receive legal protection in the best interests of the child.
The method of approach in this writing is normative juridical. The specifics of this study used descriptive analytics. The data source uses skunder data. Data collection techniques use the study of document studies. To analyze the data, researchers use qualitative descriptive analysis methods.
The application of material criminal law against children as perpetrators of drug abuse based on the Decision of the Tarutung District Court Number 1 / Pid.Sus-Anak / 2020 / PN.Trt is that the child defendant is sentenced to imprisonment for 6 (six) years and a fine of Rp. 1,000,000,000.00 (One billion rupiah) provided that if the fine is not paid by the child, it is replaced with job training at the Tarutung job training center for 6 (six) months with maximum provisions in one day run by the child for 3 (three) working hours. This is based on the fulfillment of the elements of Article 114 paragraph (1) of R.I Law Number 35 of 2009 concerning Narcotics and because children's actions can affect the community as in article 81 paragraph (1) of the Ri Law. Number: 11 of 2012 concerning the juvenile criminal justice system. The judge's consideration in deciding criminal cases against children as perpetrators of drug abuse based on the Tarutung District Court Decision Number 1 / Pid.Sus-Anak / 2020 / PN.Trt is based on evidence submitted in the trial, witness statements, statements of the defendant, facts of the trial, and the results of community research as well as mitigating and incriminating matters as well as child defendants.
Keywords: Judge Consideration, Narcotics Crime, Juvenile Criminal Justice System.