LEGAL BRIEF
Vol. 14 No. 3 (2025): August: Law Science and Field

Analysis of Decision Number 23/Pid.Sus-Anak/2024/Pn Smn Concerning the Sentencing of a Child Perpetrator of a Narcotics Crime Based on Restorative Justice

Vynky, Vynky (Unknown)
Mubarrak, Muhammad Zaki (Unknown)



Article Info

Publish Date
26 Jul 2025

Abstract

This study aims to analyze the judicial reasoning behind the sentencing of a juvenile involved in a narcotics offense and evaluate the application of restorative justice principles in Decision Number 23/Pid.Sus-Anak/2024/PN.Smn at the Sleman District Court. Utilizing a normative juridical research design with statutory and case approaches, the research relies on the analysis of legal documents, statutory provisions, and court decisions. The findings indicate that the judge's considerations encompassed both juridical factors, such as the fulfillment of evidentiary standards and legal provisions, and non-juridical aspects, including the child’s age, behavior, and social background. Despite the presence of mitigating circumstances and the legal eligibility for diversion, the restorative justice mechanism was not applied. This reflects a prevailing punitive orientation in narcotics-related juvenile cases, revealing a disjunction between the protective framework under the Juvenile Justice Law and the stringent enforcement of the Narcotics Law. The study concludes that there is an urgent need for greater integration of restorative justice principles in juvenile drug cases to ensure rehabilitative outcomes and uphold the best interests of the child

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Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...