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Hery Firmansyah
Fakultas Hukum, Universitas Tarumanagara, Jakarta Barat, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Implementasi Restorative Justice pada Tindak Pidana Narkotika yang dilakukan oleh Anak Andrew Reinhard Mathiew Mahulette; Hery Firmansyah
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.872

Abstract

The development of an increasingly advanced era has positive and negative impacts on one's environment to grow and develop negatively or positively. Of course, with this development there are negative things that cannot be separated from human social life. A good environment will produce a person's personality to be good, and vice versa if the environment is negative then the person will become negative. A negative environment can lead a person to commit crimes such as narcotics abuse, starting with adults or children. However, currently children can commit criminal acts of drug abuse based on a bad environment. The results of the discussion in this study reveal that a child who falls into drug abuse is the impact of a bad environment, such as a lack of supervision from the family, lack of education, and a bad environment for a child to grow and develop. So that the role of parents is very important in protecting and educating children to avoid drug abuse so there is no need to deal with the law. In addition, the role of the state and government is very important to tackle drug abuse by children, so that a child can still get their rights by providing fair legal considerations and decisions through restorative justice diversion to children.
Tinjauan Viktimologi Terhadap Anak dalam Tindak Pidana Penyalahgunaan Narkotika Anisa Rahma Dianti; Hery Firmansyah
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.910

Abstract

In facing the issue of drug abuse, Indonesia and ASEAN countries have committed to combating this global threat through various regional and international programs and cooperation. Despite Indonesia having relevant drug laws since 1997, the increasing complexity of drug abuse prompted a revision of these laws in 2009. The Narcotics Law defines narcotics as drugs that can be used for specific medical treatments, but when abused, can endanger society, especially the younger generation. Therefore, the law focuses on the abuse and trafficking of narcotics. However, addressing this issue is not easy as narcotics are an organized transnational crime. This article also discusses various terms related to drug use, including addicts, abusers, victims of drug abuse, and former addicts. The articles in the Narcotics Law also state sanctions for drug abusers, with an emphasis on medical and social rehabilitation. The importance of protecting children from drug abuse is also emphasized, with an explanation of the categories of children applicable in Indonesia. Children involved in drug abuse should receive legal protection in accordance with child protection laws. Furthermore, this article also discusses diversion as a restorative justice approach used in handling cases of drug abuse by children.
Co-Authors Andrew Reinhard Mathiew Mahulette Anisa Rahma Dianti