Tanggung Jawab Negara dalam Memberikan Perlindungan Hukum terhadap Anak Penyalahguna Narkotika

Abstract

In the case of children who have abused narcotics, they are not only considered as perpetrators of crimes but as victims of the crime itself. The Child Protection Act also stipulates that child victims of narcotics abuse receive special protection. The fundamental weakness in law enforcement is that the rights of children who are victims of narcotics abuse are often neglected because they do not receive adequate regulation. Legal protection for children who abuse narcotics so far has only reached the procedural level and has not achieved substantial justice. Law enforcement for children who abuse narcotics is solely aimed at imposing sanctions on the perpetrators of crimes without considering aspects of the losses suffered by children who abuse narcotics. The imposition of sanctions is solely for revenge against the perpetrator without recovering the losses suffered by the child himself. Several laws in Indonesia have actually outlined several things that are the rights of children who are victims of narcotics abuse, but these rights are only regulated normatively and contain the rights of victims that are different from one another, both in terms of implementation and implementation, one of which is related to medical and social rehabilitation, as well as compensation (restitution). In order to provide an articulation of the meaning of the form of state responsibility in providing legal protection for child victims of narcotics abuse, it is necessary to reconstruct Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, by adding a clause regarding the amount of rehabilitation value and stipulating restitution as an additional punishment. for perpetrators of narcotics dealers against children into the Government Regulation of the Republic of Indonesia Number 43 concerning the Implementation of Restitution for Children Who Become Victims of Crime.