Penjatuhan Sanksi Terhadap Anak Sebagai Pelaku Penyalahgunaan Narkotika

Abstract

The proliferation of drug misuse has begun among youngsters. This study aims to examine the factors influencing judges in determining two types of criminal sanctions for children who abuse narcotics, as well as the legal protections available for these children, in order to elucidate and analyse the enforcement of regulations against juvenile narcotics offenders.  This study used normative legal research methodology.  The research methodology used was the statutory and case law approaches, done via library research.  The study's results identified factors that affect judges' decisions regarding two types of criminal sanctions for minors who misuse narcotics, specifically based on the guidelines for imposing punishment (strafftoemeting-leidraad) and the theories of balance, artistic and intuitive approaches, and wisdom.  Efforts to safeguard children who misuse narcotics are implemented not only via diversion strategies, which seek to redirect them from the official criminal justice system to other measures.  Additionally, it was conducted under supervision, including prevention, treatment, and rehabilitation for youngsters who misuse narcotics.