ANALISIS PENERAPAN SANKSI PEMIDANAAN PENJARA TANPA REHABILITASI TERHADAP ANAK SEBAGAI PENYALAHGUNA NARKOTIKA (Studi Kasus Putusan Nomor 19/Pid.Sus-Anak/2020/PN Sgm)

Abstract

In the juvenile justice process, there is a principle that states that the best interests of the child must be seen as of paramount importance (obtaining the highest level of priority) in every decision relating to children so that the safety and health of children can be realized. A child who abuses narcotics can be categorized as a victimless crime because his act of abusing narcotics harms his own person, so the child can also be said to be a victim of his own crime. That way, children who abuse narcotics have the right to be able to get rehabilitation and make imprisonment a last resort in the judicial process in accordance with the mandate of the Law on the Juvenile Criminal Justice System. However, in the decision of Decision Number 19/Pid.Sus-Anak/2020/PN Sgm, the panel of judges did not consider the position of children as legal subjects by not including the Law on the Juvenile Criminal Justice System and the Law on Child Protection in their considerations, so that they continued to sanction imprisonment without rehabilitation for children who use drugs. Thus, the purpose of this research is to find out the basis for judges' considerations not to impose rehabilitation on children who abuse narcotics in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm and to analyze the sentencing contained in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm when reviewed based on the Law on the Juvenile Criminal Justice System and the Child Protection Law. This research was conducted using a normative juridical method with a case approach. Sources of data in this study used secondary and primary data collected with library research data collection techniques, which were then analyzed descriptively and analytically with a qualitative approach. The results of the study concluded that the judge's consideration of not imposing rehabilitation on children who abuse narcotics in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm because the child's qualifications as narcotics abusers do not meet one of the qualifications contained in SEMA Number 4 of 2010, namely that the weight of methamphetamine found was still under 1 (one) gram. In addition, the judge was not careful in imposing a sentence of 3 (three) months in prison without rehabilitation for a child as a narcotics abuser for himself because this did not comply with the provisions of Article 54 of the Narcotics Law, Article 81 Paragraph (1) and Paragraph (5) of the Law on the Juvenile Criminal Justice System, as well as Article 67 of the Child Protection Act.