Reformasi Hukum Trisakti
Vol 7 No 4 (2025): Reformasi Hukum Trisakti

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 (Unknown)
Mutiwijaya, Vience Ratna (Unknown)



Article Info

Publish Date
01 Nov 2025

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.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...