Tinjuan Yuridis Mengenai Anak Dibawah Umur Sebagai Kurir Dalam Tindak Pidana Narkoba

Abstrak

Children are an inseparable part of the sustainability of human life and the sustainability of a nation and state. This is expressly mandated in the 1945 Constitution Article 28 B Paragraph (2), that the state guarantees that every child has the right to live, grow and develop and is entitled to protection from violence, exploitation and discrimination. Therefore it can be concluded that children are the capital of development, who will maintain and maintain and develop the results of national development which must receive special attention in all aspects, both in meeting the needs of education, health, and legal protection. The current era of globalization is where rapid development is growing. and advances in technology and information that have an impact on shifting patterns of thought and culture that exist in society, which triggers the emergence of new crime modes in which narcotics trafficking no longer refers to age, ranging from children, adolescents, adults to the elderly, although they are not spared from the bondage. abuse of these narcotics. It is estimated that around 1.5 percent of the total population of Indonesia are victims of narcotics abuse. The problem of narcotics circulation is also worrying, because it does not only happen in big cities but also to remote areas of Indonesia. Indonesia has a very large population, exceeding 200 million, no wonder this makes Indonesia a potential market for the trafficking of narcotics.Law Number 35 of 2009 concerning Narcotics, explains in general the criminal sanctions for narcotics intermediaries (couriers) but does not specifically regulate criminal sanctions for children who are narcotics couriers. However, basically narcotics traffickers who involve children as narcotics couriers are still charged with the articles as regulated in the Narcotics Law but without prejudice to the special provisions stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.It is hoped that legal protection for children who violate criminal acts can protect children's rights. Restorative Justice as an objective in implementing Diversion in the Juvenile Criminal Justice System is intended to be able to keep children away from the judicial process so that they can avoid stigma against children who are faced with the law and the child can return to their social environment naturally. Since Narcotics crime is a victimless crime, children involved in narcotics crimes must be considered as victims.Keyword: Crime; Narcotics; Children.