PERLINDUNGAN HUKUM BAGI ANAK DI BAWAH UMUR SEBAGAI PERANTARA PENGEDARAN NARKOBA PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

Harahap, Abu Yazid Bustami (2024) PERLINDUNGAN HUKUM BAGI ANAK DI BAWAH UMUR SEBAGAI PERANTARA PENGEDARAN NARKOBA PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM. Masters thesis, Universitas Islam Negeri Sumatera Utara Medan.

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Abstract

One of the cases of minors being intermediaries in drug distribution is Decision Number 59/Pid.Sus-Anak/2020/PN/Mdn, where the defendant in that case was 17 years old. This research aims to provide legal protection for children of drug traffickers according to positive law and Islamic law, the content of the decision in case 59/Pid.Sus-Anak/2020/PN/Mdn and legal analysis of the judge's considerations in decision 59/Pid.Sus-Anak /2020/PN/Mdn regarding legal protection for minors as drug dealers. This type of research is normative research which is descriptive analysis. The research approach is carried out through a case approach. The data source used is secondary data. Data analysis uses descriptive analysis. Legal protection for children who are intermediaries in drug trafficking according to positive law is contained in the SPPA Law and the Child Protection Law, the SPPA children's Law provides legal protection efforts for children who are in conflict with diversion law (Article 1 paragraph 6) and the Child Protection Law provides special protection for children ( Article 64) and in Islamic law, the form of protection given to children as perpetrators of drug trafficking is warning, advice, guarding and directing their conscience so that they move in the right direction. Law Number 35 of 2014 concerning child protection confirms that every child involved in a legal case has the right to be protected so that they are not subjected to abuse, subjected to torture, or given inhumane punishment. Arrest, detention or criminal imprisonment of children is only carried out in accordance with applicable law and can only be done as a last resort; placed separately from adults and must receive legal and other assistance. Legal analysis of the judge's considerations in decision 59/Pid.Sus-Anak/ 2020/PN/Mdn regarding legal protection for minors as drug dealers, it cannot be said that the maximum can be obtained by children as defendants in this case, because a 2 year prison sentence is quite a long time and is quite heavy for a 17 year old child to undergo. and will have an impact on growth and development at his age. Even though the child mentioned in the decision is legally said to have violated the law, the child is obliged to receive maximum legal protection in accordance with the provisions regulated in the Child Protection Law and the SPPA Law.

Jenis Item:	Skripsi (Masters)
Uncontrolled Keywords:	Legal protection, minors, distribution intermediaries narcotics.
Subjects:	300 Social sciences > 340 Law > 345 Criminal law
Divisions:	Program Pasca Sarjana > Program Magister > Hukum Islam
Pengguna yang mendeposit:	Mrs. Misdar Piliang
Date Deposited:	25 Nov 2024 03:10
Last Modified:	25 Nov 2024 03:10
URI:	http://repository.uinsu.ac.id/id/eprint/22950

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