TINJAUAN YURIDIS TERHADAP PENJATUHAN SANKSI PIDANA BAGI ANAK PELAKU TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NOMOR 5/PID.SUS-ANAK/2023/PN BPP)

Abstract

This study analyzes the conformity of sentencing against a child offender in a narcotics case with the provisions of the Indonesian Juvenile Criminal Justice System Law and examines the application of child protection principles in judicial practice. The research focuses on Decision Number 5/Pid.Sus-Anak/2023/PN BPP, in which a child was convicted for possession of narcotics and sentenced to imprisonment and a fine. This research uses a normative legal method with statutory and case approaches to assess the consistency between legal norms and the court’s reasoning and ruling. The findings show that the imposition of both imprisonment and a fine is inconsistent with Article 71 paragraph (3) of Law Number 11 of 2012, which requires that fines imposed on children be replaced with job training sanctions. In addition, the determination of substitute work for only one month does not meet the minimum period stipulated in Article 78 paragraph (2). The decision also refers to a repealed statute, which weakens legal certainty and indicates inaccuracy in the application of positive law. Furthermore, the court’s preference for imprisonment reflects a punitive orientation rather than a rehabilitative approach. This practice does not fully reflect the principle of the best interests of the child and reduces the emphasis on guidance and protection mandated in the juvenile justice system. The study concludes that the examined decision is not in accordance with the special sentencing framework for children and does not adequately implement child protection principles.