IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST CHILDREN OF NARCOTICS AND PSYCHOTHERAPY CRIMES

Abstract

The aim of this research is to determine and analyze the application of criminal sanctions against children who are perpetrators of narcotics and psychotropic crimes based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Apart from that, this research also aims to identify weaknesses in the application of criminal sanctions and find solutions to overcome existing weaknesses, especially in the context of implementing the Law. The approach used in this research is normative juridical, namely an approach that focuses on legal analysis based on the norms contained in statutory regulations. This approach focuses on the study of legal texts, such as laws, regulations and court decisions, with the aim of understanding and interpreting applicable legal provisions. The research results show that the application of criminal sanctions to children who are in conflict with the law is in accordance with Law no. 11 of 2012, emphasizes the protection of children's rights. Special children's officials play an important role from the investigation stage to the decision, with detention as a last resort. However, there are weaknesses in the implementation of sanctions, especially the effectiveness of punishment for children who commit narcotics crimes. A six month sentence at the Special Children's Development Institute (LPKA) is often considered insufficient to provide a deterrent effect. Expanding the criminal period to two years is considered more effective for the rehabilitation and development of children. To overcome this weakness, more comprehensive implementation efforts are needed, including improving facilities and special officials, as well as optimizing the implementation of diversion, which can take up to five years.