Sanksi Rehabilitasi Bagi Anak Pecandu Narkotika

The use and abuse of drugs, especially by children, causes harm to individuals and society. Child drug abusers are considered self-victimizing victims, as they become victims of their own actions. The problem that often occurs in Indonesia is that drug cases in children are not given legal protection and many of these cases children are actually given sentences in prison. Therefore, the concept of punishment for drug addicted children through restorative justice is needed. Punishment can be carried out through a double track system if the conditions of restorative justice are not met. Article 127 of the Narcotics Law provides guidance to consider medical and social rehabilitation for child drug abusers. The application of criminal sanctions against child drug abusers needs to consider the rehabilitation aspect as the main alternative, considering the child as a victim who is not fully responsible for his actions. This research uses normative and doctrinal juridical research methods that focus on analyzing legal regulations, legal documents, and legal theories. The results of the research show that although there are regulations governing rehabilitation, its implementation still faces obstacles, such as the dominance of prison sentences for children who abuse drugs. The criminal justice process for children who abuse drugs has not fulfilled children's rights, which include protection, assistance, and guidance that takes into account the best interests of the child. The best interests of child victims of narcotics crime should be carried out through the provision of rehabilitation criminal sanctions. Therefore, legal protection of child drug abusers needs to be improved through a more effective and in-depth rehabilitation approach, as well as collective awareness to involve all parties in protecting children as the nation's assets.

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Publication Details

Journal
Ranah Research Journal of Multidisciplinary Research and Development
Published
2024-12-28
DOI
https://doi.org/10.38035/rrj.v7i2.1405
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Sanksi Rehabilitasi Bagi Anak Pecandu Narkotika

Lukman Hakim, Mochammad Sajarod Zakun, H. Erwin Owan Hermansyah Soetoto
Ranah Research Journal of Multidisciplinary Research and Development
Legal and Social Justice Studies
article

Sanksi Rehabilitasi Bagi Anak Pecandu Narkotika

Lukman Hakim, Mochammad Sajarod Zakun, H. Erwin Owan Hermansyah Soetoto
article en

Abstract

The use and abuse of drugs, especially by children, causes harm to individuals and society. Child drug abusers are considered self-victimizing victims, as they become victims of their own actions. The problem that often occurs in Indonesia is that drug cases in children are not given legal protection and many of these cases children are actually given sentences in prison. Therefore, the concept of punishment for drug addicted children through restorative justice is needed. Punishment can be carried out through a double track system if the conditions of restorative justice are not met. Article 127 of the Narcotics Law provides guidance to consider medical and social rehabilitation for child drug abusers. The application of criminal sanctions against child drug abusers needs to consider the rehabilitation aspect as the main alternative, considering the child as a victim who is not fully responsible for his actions. This research uses normative and doctrinal juridical research methods that focus on analyzing legal regulations, legal documents, and legal theories. The results of the research show that although there are regulations governing rehabilitation, its implementation still faces obstacles, such as the dominance of prison sentences for children who abuse drugs. The criminal justice process for children who abuse drugs has not fulfilled children's rights, which include protection, assistance, and guidance that takes into account the best interests of the child. The best interests of child victims of narcotics crime should be carried out through the provision of rehabilitation criminal sanctions. Therefore, legal protection of child drug abusers needs to be improved through a more effective and in-depth rehabilitation approach, as well as collective awareness to involve all parties in protecting children as the nation's assets.

Ranah Research Journal of Multidisciplinary Research and DevelopmentVol. 7(2)
Universitas Bhayangkara Jakarta Raya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 54%
Legal and Social Justice Studies
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