Analisis Pembuktian Dalam Tindak Pidana Narkotika Terhadap Anak (Studi Pada Putusan Nomor 1/ PID.SUS-ANAK/2019/PN.BKN)

Aulya, Astridyva (2022) Analisis Pembuktian Dalam Tindak Pidana Narkotika Terhadap Anak (Studi Pada Putusan Nomor 1/ PID.SUS-ANAK/2019/PN.BKN). Masters thesis, Universitas Islam Riau.

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Abstract

The involvement of children in narcotics crimes who become narcotics couriers is a series of evil conspiracies in carrying out illegal narcotics circulation, but in the capacity of the category of children who become couriers, this is a matter of concern where the child has been in conflict with the law and is classified as having committed an offense. narcotics crime. In this case, the child was not diverted from the level of investigation, prosecution or trial because he did not fulfill the provisions of Article 7 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In article 181 of the Criminal Procedure Code in criminal proceedings, the presence of evidence in a trial is very important for judges to seek and find the material truth of a case. Likewise, narcotics crime cases are regulated in Law Number 35 of 2009 concerning Narcotics. The main problem in this study is how to prove in narcotics crimes against children (study on decision number 1/pid.sus-anak/2019/pn.bkn) and how the legal considerations of the panel of judges in narcotics crimes against children (study on decision number 1/pid.sus-anak/2019/pn.bkn). This type of research is normative research conducted by taking comparisons of reference books and jurisprudence. While the nature of this research is descriptive, namely describing the Analysis of Evidence in Narcotics Crime Against Children (Study on Decision Number 1/Pid.Sus-Anak/ 2019/Pn.Bkn). Based on the results of the research, from the facts / evidence obtained from the trial, namely those from the statements of the witnesses that correspond to one another and are supported by the existing evidence. Since the beginning of the level of investigation, prosecution and trial. Diversion has never been carried out, this is due to the non-fulfillment of the provisions of Article 7 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. And based on the judge's consideration, that the judge obtained the belief that the child has been legally and convincingly proven to have committed a criminal act as charged by the Public Prosecutor in violating Article 112 Paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics in conjunction with Law Number 11 of the Year 2012 on the Juvenile Criminal Justice System (SPPA).

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