Rijhani, Afrah (2024) Pembuktian Tindak Pidana Tanpa Hak dan Melawan Hukum Menjual Narkotika Golongan I Oleh Anak di Bawah Umur (studi Putusan Nomor 17/pid,sus-anak/2023/pn Stb). Other thesis, Universitas Islam Riau.

Text 201010548.pdf - Submitted Version Restricted to Registered users only Download (2MB) | Request a copy

Abstract

Children are special legal subjects, whose rights are protected and regulated in special laws and regulations. The role of witnesses in every criminal trial is very important because witness statements can influence and determine the tendency of the judge's decision. Therefore, witnesses should be given legal protection because in disclosing a criminal act the witness consciously takes a risk in revealing the material truth. The main problem in this research is how to prove the crime without rights and against the law of selling class I narcotics by minors based on decision number 17/Pid, Sus-Anak/2023/Pn Stb and how to consider the legal considerations for children selling class I narcotics. In Decision Number 17/Pid, Sus-Anak/2023/Pn Stb. This research uses normative legal methods and is descriptive in nature. Sourced from primary, secondary and tertiary legal materials. Writing conclusions is based on the deductive method, namely drawing from general matters to specific ones, with the primary legal material being the case decision file Number 17/Pid, Sus-Anak/2023/Pn Stb and the secondary legal material being legislation. Based on the research results, it can be understood that in the Proof of the Case - Criminal Act Without Rights and Against the Law of Selling Class I Narcotics by Minors (Study Decision Number 17/Pid, Sus-Anak/2023/Pn Stb) it can be concluded that it has fulfilled the elements of the article 114 paragraph 1 in conjunction with article 132 paragraph 1 of Republic of Indonesia Law no. 35 of 2009 concerning narcotics in conjunction with UU no. 11 of 2012 concerning the juvenile criminal justice system. Meanwhile, the judge's consideration in handing down a decision is a sentence of 1 (one) year and 3 (three) months in prison at the Special Children's Development Institution (LPKA). This is seen from a juridical, sociological and philosophical point of view and does not yet consider children's rights proportionally and professionally.

Actions (login required)

View Item