TINJAUAN YURIDIS TINDAK PIDANA NARKOTIKA TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DI PENGADILAN NEGERI TELUK KUANTAN (Studi Putusan Pengadilan Negeri Teluk Kuantan Nomor 2/Pid.Sus Anak/2022/PN. Tlk)

Abstract

Children are a trust and gift from Almighty God, in whom the honor and dignity of being a complete human being is inherent. Narcotics are substances or drugs that can cause a decrease or change in consciousness, loss of taste, reduce or eliminate pain, and can cause dependence, which are differentiated into groups as attached in the Narcotics Law (Article 1 point 1 of the Narcotics Law and can cause dependency. The problem in this research is what is the modus operandi of criminal acts of narcotics abuse committed by children in cases (RULING NUMBER 2/ Pid Sus Anak/2022/PN Tlk) and what are the judge's considerations in cases of narcotics crimes against children who are in conflict with the law in Teluk Kuantan district court case (RULING NUMBER 2/ Pid Sus Anak/2022/PN Tlk). For this writing, the author used a normative sociological legal research type. This type of research is observational research, namely by survey and direct interviews with judges The results of the research can be concluded that the modus operandi of children as perpetrators of narcotics crimes based on the Decision of the Teluk Kuantan District Court Number 2/Pid.Sus-Anak/2022/PN.Tlk is an attempt or malicious conspiracy to commit narcotics crimes and also offer them for sale. via cellphone, selling, buying, receiving, being an intermediary in buying and selling, exchanging or handing over non-plant class 1 narcotics. And the judge's considerations regarding children who are perpetrators of the crime of sexual intercourse based on the Decision of the Teluk Kuantan District Court Number 2/Pid.Sus/2022/PN.Tlk are 2 (two), namely: (1). Juridical aspects include: Public prosecutor's indictment, prosecutor's demands general, witness statements, defendant statements, and evidence, so that the elements of a criminal act are fulfilled. (2). Non-juridical aspect, namely paying attention to aggravating matters, namely that the child's actions are contrary to the government's efforts to eradicate the distribution and use of narcotics and that mitigate the defendant, namely that the child has never been convicted before, the child admits, regrets and promises not to repeat his actions, The child does not complicate matters in giving information in court, and the child is still 16 years old and still has hope for the future as well as the potential to improve his attitude.