Tinjauan Yuridis Terhadap Penyalahgunaan Narkotika Anak dibawah Umur (Studi Kasus Putusan Pengadilan Negeri Makassar Nomor: 08/Pid.Sus-Anak/2020/PN.Mks Tanggal 06 Februari 2020)

The discussion of children as criminals aims to find out the causal
factors from inside and outside the perpetrator in committing criminal acts
and know the considerations of a judge when handling cases committed
by children in their prosecution.
Researchers' data is obtained by conducting empirical juridical
research type, which is a type of empirical normative research that
examines the principles, norms, rules of laws and court decisions.From the
results of research and discussion of the application of the law by the
Public Prosecutor is not in accordance with child protection law No. 23 of
2002 jo article 67 No.35 of 2014 concerning the Child Protection Law
which reads "Special Protection for children who are victims of narcotics,
alcohol, psychotropic and other addictive substances as referred to in
article 59 paragraph (2) letter e and children involved in its production and
distribution is carried out through surveillance, prevention, treatment and
rehabilitation efforts". The prosecution's brother's claim was not proven
legally and convincingly as referred to in article 112 paragraph (1) jo 132
of Indonesian Law No.35 of 2009.
The author disagreed because the Child Defendant was sentenced
to criminal coaching at the Social Welfare Organizing Institution (LPKS)
Salodong Makassar for 2 years and job training for 3 months. Which
should be the child as a victim of narcotics abuse rehabilitated in
accordance with article 127 paragraph (3) of Law No. 35 of 2009 as the
use of narcotics and still pay attention in accordance with article 67 of Law
No.35 of 2014 concerning the Child Protection Law.
Thus, researchers recommend that law enforcement efforts against
children that reflect justice continue to be done to protect children's rights
in the process of child prosecution based on the child criminal justice
system in Indonesia. Legal protection efforts through socialization are
more actively implemented to realize the importance of the family and
protect children from narcotics crimes.
Keywords: Drugs, Minors