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All Journal Reformasi Hukum Trisakti
Nabilah Aini
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Law, Crime, Criminology & Criminal Justice

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PENJATUHAN DUA PIDANA POKOK BAGI PERANTARA PENGEDAR NARKOTIKA OLEH ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012: Imposition of Two Principal Penalties for Child Intermediaries of Narcotics Dealers Based on Law Number 11 of 2012 Nabilah Aini; Mutiwijaya, Vience Ratna
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23298

Abstract

The imposition of criminal sanctions against a 17-year-old child acting as an intermediary in a narcotics transaction was based on Article 112 of Law Number 35 of 2009 on Narcotics, as seen in Decision Number 00/Pid.Sus-Anak/2022/PN CRP. In this decision, the judge imposed two principal punishments. The main issue discussed in this paper is whether the imposition of two principal punishments is in accordance with Law Number 11 of 2012 on the Juvenile Criminal Justice System. This research uses a normative juridical method through literature study, with a descriptive-analytical approach and deductive reasoning. The results show that imposing two principal punishments on a child contradicts Article 71 of Law Number 11 of 2012, which stipulates that only one type of principal punishment may be imposed on a child. Furthermore, restorative justice cannot be applied in this case because the offense carries a sentence exceeding seven years, as regulated in Article 112 of the Narcotics Law. In conclusion, the imposition of two principal punishments on the child in this decision is inconsistent with the provisions of the Juvenile Criminal Justice System and violates the principles of child protection in criminal proceedings.
Co-Authors Mutiwijaya, Vience Ratna