Legality and Legal Protection for Children

Oct 13, 2025 by talynt.org 53 views

Juridical Analysis of Granting Rehabilitation Actions as an Effort to Protect the Child in Narcotics Criminal Acts (Study of Decision Number 21/Pid.Sus Child/2020/PN Trg)

Introduction

In Indonesia, narcotics cases involving children often cause serious problems in legal protection. Many children who are entangled in this case do not get proper treatment and instead sentenced to prison. In this context, decision number 21/Pid.Sus Anak/2020/PN TRG is an important study to understand. This article will discuss and analyze legal regulations related to the granting of rehabilitation actions for children in narcotics criminal acts, legal protection efforts carried out, as well as the application of punishment for children involved in drug abuse.

The issue of child protection in narcotics cases is a complex one, requiring a comprehensive approach that takes into account the unique needs and circumstances of children. In Indonesia, the law recognizes the importance of rehabilitation over punishment for children involved in narcotics cases. However, in practice, the application of this principle is often inconsistent, and children are still being sentenced to prison. This article aims to provide a juridical analysis of the granting of rehabilitation actions as an effort to protect the child in narcotics criminal acts, and to identify the challenges and opportunities for improving child protection in this area.

Legality and Legal Protection for Children

Legal regulations in Indonesia, especially those that regulate children involved in narcotics cases, are regulated in Law Number 35 of 2009 concerning Narcotics. In Article 54, it is stated that children who are abusers for narcotics should receive rehabilitative treatment and not prison sentences. This is a form of legal protection that should be given to children, considering they are still in the development phase and need more rehabilitation to improve their behavior, not in prison.

The law also recognizes the importance of rehabilitation over punishment for children involved in narcotics cases. However, in practice, the application of this principle is often inconsistent, and children are still being sentenced to prison. This reflects a mismatch between the applicable law and judicial practice. In the decision of case number 21/Pid.Sus Anak/2020, the child involved was sentenced to prison for 4 months before finally being required to undergo rehabilitation. This application of prison sentence shows that the court still maintains a repressive approach, although there are instructions to prioritize rehabilitation.

Case Analysis and Policy Implementation

Analysis of this decision shows that although there is a clear legal basis regarding child protection in narcotics cases, implementation in the field still needs to be improved. Rehabilitation after prison sentence is not an ideal solution. This reflects a mismatch in the application of the concept of restorative justice that is expected to be applied to children who are in conflict with the law.

Better legal policies must focus on precautions and rehabilitation actions, with a more human approach to children. The existence of the Circular Letter of the Supreme Court of the Republic of Indonesia Number: 4 of 2010 which regulates the placement of narcotics abusers to rehabilitation institutions should be the main reference in every decision making by the court. This circular letter emphasizes the importance of rehabilitation over punishment for children involved in narcotics cases.

The Role of the Community and the Government

The community and the government also have a crucial role to play in protecting children involved in narcotics cases. The community can provide support and resources to help children overcome their addiction and reintegrate into society. The government can provide funding and resources to support rehabilitation programs and services for children involved in narcotics cases.

Conclusion

In conclusion, the application of law to children involved in narcotics cases in Indonesia still faces significant challenges. Decision Number 21/Pid.Sus Anak/2020/PN TRG is a clear example that legal protection of children in narcotics cases needs to be strengthened. This is important so that every child who is dealing with the law gets the opportunity to rehabilitate, not a punishment that will actually make their situation worse. To achieve this goal, collaboration between legal institutions, the community, and the government is needed in creating a more adaptive and responsive policy on the needs of child protection.

Recommendations

Based on the analysis of the decision number 21/Pid.Sus Anak/2020/PN TRG, the following recommendations can be made:

Strengthening of Legal Protection for Children: The government and legal institutions should strengthen legal protection for children involved in narcotics cases, by providing more resources and support for rehabilitation programs and services.
Improvement of Judicial Practice: The court should improve its judicial practice by prioritizing rehabilitation over punishment for children involved in narcotics cases.
Community Involvement: The community should be involved in protecting children involved in narcotics cases, by providing support and resources to help them overcome their addiction and reintegrate into society.
Government Support: The government should provide funding and resources to support rehabilitation programs and services for children involved in narcotics cases.

By implementing these recommendations, it is possible to improve the legal protection of children involved in narcotics cases in Indonesia, and to provide them with the support and resources they need to overcome their addiction and reintegrate into society.
Frequently Asked Questions (FAQs) on Juridical Analysis of Granting Rehabilitation Actions as an Effort to Protect the Child in Narcotics Criminal Acts

Q: What is the main issue with the current legal protection of children involved in narcotics cases in Indonesia?

A: The main issue is that the current legal protection of children involved in narcotics cases in Indonesia is not effective in providing rehabilitation and support to children, and instead often results in prison sentences.

Q: What is the law regarding child protection in narcotics cases in Indonesia?

A: The law regarding child protection in narcotics cases in Indonesia is regulated in Law Number 35 of 2009 concerning Narcotics, which states that children who are abusers for narcotics should receive rehabilitative treatment and not prison sentences.

Q: What is the decision number 21/Pid.Sus Anak/2020/PN TRG, and what does it show about the application of the law?

A: Decision number 21/Pid.Sus Anak/2020/PN TRG is a case where a child was sentenced to prison for 4 months before finally being required to undergo rehabilitation. This decision shows that the court still maintains a repressive approach, although there are instructions to prioritize rehabilitation.

Q: What is the role of the community and the government in protecting children involved in narcotics cases?

A: The community and the government have a crucial role to play in protecting children involved in narcotics cases. The community can provide support and resources to help children overcome their addiction and reintegrate into society, while the government can provide funding and resources to support rehabilitation programs and services.

Q: What are the recommendations for improving the legal protection of children involved in narcotics cases in Indonesia?

A: The recommendations include strengthening legal protection for children, improving judicial practice, involving the community, and providing government support for rehabilitation programs and services.

Q: Why is it important to prioritize rehabilitation over punishment for children involved in narcotics cases?

A: It is important to prioritize rehabilitation over punishment for children involved in narcotics cases because children are still in the development phase and need more rehabilitation to improve their behavior, not in prison. Rehabilitation can help children overcome their addiction and reintegrate into society, while punishment can make their situation worse.

Q: What is the significance of the Circular Letter of the Supreme Court of the Republic of Indonesia Number: 4 of 2010 in relation to child protection in narcotics cases?

A: The Circular Letter of the Supreme Court of the Republic of Indonesia Number: 4 of 2010 emphasizes the importance of rehabilitation over punishment for children involved in narcotics cases and regulates the placement of narcotics abusers to rehabilitation institutions.

Q: How can the community and the government work together to protect children involved in narcotics cases?

A: The community and the government can work together to protect children involved in narcotics cases by providing support and resources to help children overcome their addiction and reintegrate into society, and by providing funding and resources to support rehabilitation programs and services.

Q: What are the long-term consequences of not providing effective legal protection for children involved in narcotics cases?

A: The long-term consequences of not providing effective legal protection for children involved in narcotics cases can include increased rates of recidivism, decreased opportunities for education and employment, and increased risk of health problems and social problems.

Q: How can the legal system be improved to better protect children involved in narcotics cases?

A: The legal system can be improved to better protect children involved in narcotics cases by prioritizing rehabilitation over punishment, providing more resources and support for rehabilitation programs and services, and involving the community and the government in the protection of children.