GINTING, SALOMO (2017) REKONSTRUKSI HUKUM PEMIDANAAN TERHADAP ANAK PENYALAHGUNA NARKOTIKA BERBASIS HUKUM PROGRESIF. Doctoral thesis, Fakultas Hukum UNISSULA.
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Abstract
Children who do not abuse drugs merely as criminals, but as victims. Second,
starting from the thought that children who abuse drugs are also victims, efforts to provide
protection for children who abuse drugs is also a priority.
This study aims to determine the legal construction of the criminal prosecution
against perpetrators of child abusers of narcotics, criminal prosecution against perpetrators
of child abusers of narcotics, as well as the reconstruction of criminal law against
perpetrators of child abusers of narcotic-based progressive law.
This study is normative, ie methods that describe or explain a fact systematically
later analysis done legally with the linking of the data and facts obtained convictions
related to child abusers of narcotics and associated with the legislation.
Reconstruction of sentencing child abusers of narcotics with the principle of
diversion and restorative justice with due regard to the principle of the best interests of the
child that is no crime to children, through the reconstruction of Article 127 paragraph (1)of Law No. 35 of 2009 by adding provisions stated in Article 127 paragraph ( 1) a, b, and c
does not apply to child abusers of narcotics, and every child abusers of narcotics required
to undergo medical rehabilitation. it can realize the decision imposing the rehabilitation of
child abusers of narcotics as a punishment-based progressive law in realizing the
restorative justice.
Law enforcement officials must work together and build a shared perception of the
protection against child abusers of narcotics. The concept of diversion and restorative
justice are two concepts which aims to find an alternative solution to the child offender
drug abuse. The concept of diversion undertaken by maximizing the discretion possessed
by law enforcement officials who handles children with problems with the law. The
concept of restorative justice should be carried out with an understanding of the victim, the
perpetrator, the victim's family and the family of the perpetrator and the community to
work together to determine appropriate action against the medical rehabilitation of drug
abusers of children.
Keywords: Punishment, the Child Abuse To Narcotics and Law Progressive
| Dosen Pembimbing: | UNSPECIFIED | UNSPECIFIED |
|---|---|
| Item Type: | Thesis (Doctoral) |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 13 Dec 2017 02:31 |
| Last Modified: | 13 Dec 2017 02:31 |
| URI: | https://repository.unissula.ac.id/id/eprint/8698 |
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