Legal Protection for Underage Children as Drug Abusers Reviewed Based on Decision Number 28/Pid.Sus-Anak/2020/PN/Mre

Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and values, and receive protection from violence and discrimination. According to Law No. 23 of 2002 concerning Child Protection as last amended by Law No. 35 of 2014 Article 1 Point 1 Child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb.
Narcotics are substances or drugs from plants non-plants, both synthetic and semi-synthetic, which can cause a decrease or change in consciousness, loss of feeling, reduce to eliminate pain, and can lead to dependence. According to Law No. 35 of 2009 concerning Narcotics (“Narcotics Law”) stipulates that sanctions for drug abuse and drug dealers are based on the class, type, size and amount of narcotics.
After discussing the existing problems, it can be concluded that based on Law No. 35 of 2014 concerning Child Protection Article 59 which means that legal protection for children as perpetrators of narcotics crimes is very necessary because given the mental and psychological specificities that children have different from adults. This legal protection is very important in order to protect children’s rights so that they can grow, develop, participate optimally in accordance with human dignity, and receive protection from violence and discrimination. Legal protection can be applied through the discretion of the Police and Court Decisions where sanctions for the actions of perpetrators of narcotics crime for children can heal physically and mentally without having to be prosecuted for criminal sanctions.
Keywords ; Child Protection, Drugs, Law Number 35 of 2009