Implementation of the Child Criminal Justice System in Cases of Narcotics Crimes (Study of Decision No. 57/Pid.Sus-Anak/2024/PN Mdn)

Abstract

This research analyzes and examines how criminal liability is applied to children involved in certain cases, with a primary focus on the protection of children’s rights as guaranteed under Law No. 11 of 2012 on the Juvenile Criminal Justice System and Law No. 35 of 2014, which amends Law No. 23 of 2002 on Child Protection. In addition, this research analyzes the Medan District Court Decision No. 57/Pid.Sus-Anak/2024/PN Mdn, which applies legal principles and child protection measures in handling narcotics-related criminal acts. The study employs a normative approach by examining the contents of the court’s decision, the relevant laws and regulations, legal doctrines, and principles of child protection, as well as observing the psychological condition of the child after undergoing rehabilitation at the Juvenile Correctional Institution (LPKA). The findings conclude that criminal liability for children in cases of narcotics abuse must meet three essential elements: the presence of fault (whether due to culpa or dolus), the capacity to be held responsible, and the absence of grounds for exemption from criminal liability. The trial process for children adheres to the provisions set out in Law No. 11 of 2012, while the criminal acts committed refer to the sanctions and forms of punishment stipulated in Law No. 35 of 2009 on Narcotics. In Decision No. 57/Pid.Sus-Anak/2024/PN Mdn, the judge imposed a sentence of 2 years and 6 months of imprisonment, along with an additional penalty of 3 months of vocational training at the LPKA. This ruling demonstrates that the judge applied Article 81 of Law No. 11 of 2012 on the Juvenile Criminal Justice System (SPPA), which emphasizes that children in conflict with the law may still be subjected to criminal sanctions, but through special mechanisms distinct from those applied to adults, such as reduced prison sentences, vocational training programs, and the implementation of rehabilitative and developmental approaches.