PENERAPAN ASAS ULTIMUM REMEDIUM TERHADAP ANAK SEBAGAI PENGEDAR NARKOTIKA

SRIYADI, SRIYADI and Nashriana, Nashriana and Rumesten, Iza (2022) PENERAPAN ASAS ULTIMUM REMEDIUM TERHADAP ANAK SEBAGAI PENGEDAR NARKOTIKA. Master thesis, Sriwijaya University.

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Abstract

Children committing crimes are different from adults since they are not yet mentally stable. This is often used by adults as a tool to commit crimes. This study discusses the basis for prioritizing the principle of ultimum remedium for children in conflict with the law and applying the principle of ultimum remedium for child narcotics dealers in Decision Number 4 l/PID.Sus­ anak/2018/PN Mre and Decision Number 28/PID. Sus-anak/2020/PN Mre; and the concept of applying the ultimum remedium principle in the juvenile justice system for children as narcotics dealers in the future. This is a nonnative study with statutory, case, conceptual, and analytical approaches. The results of this study indicate the application of the principle of ultimum remedium in the SPPA Law is imprisonment as the last resort. For crimes of more than 7 (seven) years sentence diversion is applicable. In the case of decision number 41/PID.Sus­ anak/2018/PN.Mre and decision number 28/PID.Sus-anak/2020/PN.Mre the judge sentenced 4 years and 2 years in prison. This decision shows that the judge did not consider that children are victims of adults who are used as tools to commit crimes. Psychologically, children must be considered weak individuals and cannot make up their minds. This decision shows that in the Juvenile Criminal Justice System, the judge has carried out the law's order not to divert. In the future, it is expected that the imposition of criminal sanctions on children as narcotics dealers will constitute recidivists and revisions to Article 7 paragraph (2) letter a of the Law on the Juvenile Criminal Justice System with the provision that "threatened with imprisonment under 7 (seven) years," becomes" "Threatened with imprisonment under 7 (seven) years, unless based on considerations of the juvenile justice structure diversion can be given in the best interests of the child". Giving guidance to children as narcotics dealers are more appropriate to be given by judges to improve children's attitudes and mindsets.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Ultimum Remedium, Children, Narcotics Dealers
Subjects:	K Law > K Law (General) > K5015.4-5350 Criminal law
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Sriyadi Sriyadi
Date Deposited:	27 Jan 2023 06:06
Last Modified:	27 Jan 2023 06:06
URI:	http://repository.unsri.ac.id/id/eprint/88190

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