Bryant Lapanta Bakkara
PUI-PT Criminal Law and Green Economy, Faculty of Law, Universitas Prima Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Criminal Responsibility of Children As Narcotics Sellers (Medan District Court Decision) Bryant Lapanta Bakkara; Immanuel Simanjuntak
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71435/739852

Abstract

This study examines the criminal responsibility of children involved as narcotics sellers through an analysis of the Medan District Court decision. The research focuses on three main issues: the determination of criminal responsibility for children in narcotics offenses, the implementation of the Juvenile Criminal Justice System (SPPA) in handling such cases, and the considerations applied by judges in issuing decisions against children as narcotics sellers. This study employs a normative juridical research method using a statute approach and a case approach. The legal materials consist of primary, secondary, and tertiary legal materials collected through literature research and analyzed qualitatively through juridical interpretation. The results indicate that criminal responsibility for children involved in narcotics selling cannot be equated with adult offenders because it must consider the child's capacity for responsibility, element of fault, degree of involvement, and possible mitigating circumstances. Although the Narcotics Law provides strict sanctions against illicit distribution, its application to children must be harmonized with the principles of the SPPA Law, which emphasizes protection, rehabilitation, diversion, restorative justice, and the best interests of the child. The implementation of the juvenile criminal justice system in narcotics cases involves special procedures during investigation, prosecution, and trial; however, its effectiveness remains challenged by the strong punitive orientation toward narcotics offenses and limitations in applying diversion mechanisms. Furthermore, the analysis of the Medan District Court decision shows that judges consider juridical, sociological, and philosophical aspects in determining accountability. The decision reflects an effort to balance legal certainty, justice, and child protection, although consistency in applying restorative principles remains necessary.
Criminal Responsibility of Children as Narcotics Sellers (Medan District Court Decision) Bryant Lapanta Bakkara; Sigar P Berutu
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study discusses criminal liability of children involved as narcotics sellers, based on the analysis of a decision from the Medan District Court. The issues examined include how criminal responsibility is applied to children in narcotics offenses, how the juvenile justice system is implemented, and how judges consider cases involving children as narcotics sellers. This study aims to determine criminal liability, the implementation of the judicial system, and judges' considerations regarding children as narcotics dealers. The research method used is normative juridical, employing a statutory approach and a case approach. The legal materials consist of primary, secondary, and tertiary sources obtained through library research. The data analysis is conducted qualitatively by interpreting relevant legislation and court decisions as the object of study. The results show that criminal responsibility for children as narcotics sellers cannot be equated with adults, as it must consider the child's capacity for responsibility, the element of fault, and possible grounds for justification or excuse. The implementation of the juvenile justice system in narcotics cases provides special procedures through investigation, prosecution, and trial stages, emphasizing diversion and restorative justice, although in practice it still faces various obstacles. Meanwhile, judicial considerations in the Medan District Court decision are not solely based on juridical aspects but also include sociological and philosophical considerations, although in some cases inconsistencies in the application of child protection principles are still found.