PENYALAHAN HUKUM TINDAK PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA GOLONGAN I PADA ANAK DIBAWAH UMUR

Abstract

The abuse of Schedule I narcotics among minors is a growing legal and social problem that has serious implications for children’s physical and mental development and their future. As the nation’s next generation, children require special protection from the effects of narcotics, which can undermine the quality of human resources. This study aims to analyze the forms of law enforcement regarding criminal acts of Schedule I drug abuse committed by minors and to examine the application of legal protection based on Indonesian laws and regulations. The research method used is a normative juridical method employing a legislative approach and a conceptual approach through an analysis of various legal provisions related to narcotics and child protection. The results of the study indicate that regulations regarding the abuse of Schedule I narcotics are stipulated in Law No. 35 of 2009 on Narcotics, while legal protection for children in conflict with the law is regulated in Law No. 11 of 2012 on the Juvenile Criminal Justice System and Law No. 35 of 2014 on Child Protection. In practice, children who abuse narcotics are not only viewed as perpetrators of criminal acts but also as victims in need of rehabilitation and guidance. Therefore, restorative justice and diversion approaches are crucial components of the juvenile case resolution process to avoid the negative impact of criminal punishment on a child’s development. Consequently, the imposition of criminal sanctions on children in drug-related criminal cases must always prioritize the principle of the child’s best interests, the protection of children’s rights, and comprehensive rehabilitation efforts. This approach is expected to break the cycle of drug abuse early on while providing children with the opportunity to reintegrate into society in a positive and productive manner. This study is expected to provide recommendations for law enforcement officials, judges, and policymakers to enhance the effectiveness of handling drug cases involving minors.