Criminal Responsibility of Children in Drug Abuse

Abstrak

Drug-related crimes are considered extraordinary crimes. In Law No. 35 of 2009, narcotics do not provide exceptions for children who use narcotics. study aims to analyse the forms of criminal responsibility of children who abuse narcotics and the ideal concept of criminal responsibility for children who abuse narcotics. This study uses an empirical juridical method and data collection techniques through interviews and literature review, which are then analysed qualitatively.  From the results of the study, the criminal responsibility of children who abuse narcotics is carried out in accordance with Law No. 35 of 2009 and Law No. 11 of 2012. Criminal responsibility for children who abuse narcotics is imposed in the form of punishment or measures, taking into account the rights of the children to ensure their best interests are served. The ideal concept of criminal responsibility for children who abuse narcotics is to prioritise restorative justice and diversion efforts, and the need to review this from a regulatory policy perspective to ensure that decisions do not result in imprisonment (punitive sanctions). This is to ensure that future criminal law reforms involve reconstructing the sanctions imposed on children who commit narcotics-related crimes and considering the aspects of justice and benefit for the child as important points to be taken into account.