LEGAL ANALYSIS OF THE CRIMINAL JUSTICE SYSTEM IN HANDLING DRUG ABUSE CRIMES COMMITTED BY CHILDREN IN SURABAYA

Praditya Arcy Pratama, Troeboes Soeprijanto, Nadea Lathifah Nugraheni

Abstract


Narcotics abuse by children is a behavioral deviation or unlawful act. The increase in narcotics abuse among the younger generation is very dangerous for the nation's future generations who do not yet have legal protection against perpetrators and victims of narcotics abuse who are still minors. The aim of this research is to determine the form of criminal responsibility for children who commit criminal acts of narcotics abuse and how to analyze the criminal justice system in handling cases of criminal acts of narcotics abuse committed by children based on decision no. 9/PID.SUS-Anak/2021/PT SBY. The method used is the normative legal method which places the law as a building of a system of norms, the norm system refers to the principles, norms, rules of statutory regulations, court decisions, agreements and doctrines, often conceptualized as what is written in the regulations. Legislation or law is conceptualized as a rule or norm which is a benchmark for human behavior. Based on the results of the analysis, it is known that the criminal responsibility of children who use narcotics has been regulated in Law Number 35 of 2009 concerning Narcotics. Based on the a quo regulations, the child will be rehabilitated. In this case, rehabilitation is divided into 2 types, namely medical rehabilitation and social rehabilitation. Rehabilitation efforts for children who use narcotics should be supported by all groups. Bearing in mind that rehabilitation efforts are more oriented towards the goal of recovering from undesirable conditions and can also guarantee children's rights. Children who abuse narcotics can be subject to sanctions in the form of actions and criminal penalties. Children as victims of narcotics abuse also receive protection from the state and government institutions.


Keywords


children, narcotics abuse, criminal acts

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References


Abrams, D. S. (2016). The Imprisoner's Dilemma: A Cost-Benefit Approach to Incarceration. Iowa Law Review, 99(2), 615-654.

Bala, N., & Roberts, J. V. (2006). Canada’s Juvenile Justice System: Promises and Realities. Canadian Journal of Criminology and Criminal Justice, 48(1), 3-45.

Beauvais, F. (2014). Cultural Identification and Substance Use in North America: A Comparison of Adolescents in Two Cultures. Journal of Cross-Cultural Psychology, 45(2), 303-320.

Belenko, S., & Logan, T. K. (2003). Delivering More Effective Treatment to Adolescents: Improving the Juvenile Drug Court Model. Journal of Substance Abuse Treatment, 25(3), 189-211.

Davis, A. J. (2009). Arbitrary Justice: The Power of the American Prosecutor. Oxford University Press.

Deitch, M., Breeden, R., & Weingarten, R. (2009). Seventeen Years Old: Texas' Treatment of 17-Year-Old Offenders. University of Texas School of Law.

Feld, B. C. (1999). Bad Kids: Race and the Transformation of the Juvenile Court. Oxford University Press.

Green, R., & Healy, K. (2003). Tough on Kids: Rethinking Approaches to Youth Justice. Federation Press.

Haines, K. (2000). Crime and Justice: Youth Justice in Practice. Open University Press.

Heale, J. (2009). The Juvenile Justice System in the United States. Chelsea House.

Hein, D., & Borges, G. (2009). Juvenile Justice: A Global Perspective. International Journal of Law, Crime and Justice, 37(3), 1-14.

Lacey, N., & Zedner, L. (1998). Discourses of Community in Criminal Justice. Journal of Law and Society, 25(3), 301-325.

Lander, L., Howsare, J., & Byrne, M. (2013). The Impact of Substance Use Disorders on Families and Children: From Theory to Practice. Social Work in Public Health, 28(3-4), 194-205.

Muncie, J. (2009). Youth and Crime. Sage Publications.

Nash, M. R., & Heidensohn, F. (2006). Handbook of Youth Justice. Willan Publishing.

Office of Juvenile Justice and Delinquency Prevention. (2019). Juvenile Drug Treatment Court Guidelines. U.S. Department of Justice.

Souverein, F. A., Ward, J., Eltink, E., & van der Helm, P. (2016). Juvenile Delinquents' Perspectives on the Quality of Life in Juvenile Justice Institutions: A Study Among Juvenile Delinquents in Four Correctional Facilities in the Netherlands. Children and Youth Services Review, 61, 198-205.

Steinhart, D. J. (2001). Juvenile Court Reforms and the Sentencing of Violent Youth. Crime & Delinquency, 47(3), 403-425.

Vignaendra, S., & Fitzgerald, J. (2006). Reoffending Among Young People Cautioned by Police or Who Participated in a Youth Justice Conference. Contemporary Issues in Crime and Justice, 103, 1-15.

Zimring, F. E. (2005). American Youth Violence. Oxford University Press.




DOI: https://doi.org/10.26877/m-y.v7i1.19805

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