Law Enforcement Against Children Perpetrating Narcotics Crimes in Teluk Bintuni Regency

Abstract

The child's immaturity in mental health and the way of thinking and behaving that is often hasty in making decisions is a disaster for him, so he falls into the trap of narcotics. When the child is suspected of committing a crime, the existing formal justice system ultimately places the child in the status of a prisoner, which of course has quite significant consequences for the child's growth and development. Based on Law Number 35 of 2014 concerning Child Protection, states that the arrest, detention, or imprisonment of a child is only carried out by applicable law and can only be carried out as a last resort. The criminalization system for children as perpetrators of drug abuse from the perspective of criminal policy cannot be separated from the formulation stage, which includes the definition of drug abuse by children, the background of the development stage by children as subjects of criminal law, and the development of theories of punishment and models for regulating types of criminal sanctions for children as perpetrators of drug abuse. These are also very important because if there are weaknesses in the formulation, it can hinder the enforcement of justice to protect children. Law enforcement against children who commit drug abuse crimes is seen as a diversion path implemented using the provisions of the SPPA Law, namely through penal mediation. Penal mediation is used in the early stages when there is a desire by the child to resolve his/her problems, accompanied by the relevant parties, namely parents, victims and their families, community leaders, and mediators in leading the forum.