PENERAPAN DOUBLE TRACK SYSTEM DALAM PUTUSAN PEMIDANAAN TERHADAP ANAK PADA TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA

(STUDI PUTUSAN PENGADILAN NEGERI PADANG)

Abstract

The Criminal Code, the SPPA Law, and the Narcotics Law have regulated regulations regarding the double track system. In this regulation, the punishment for children in conflict with the law is different from the punishment for adults. Child punishment is one of the punishments that uses special laws, the handling of which varies according to the case. Problem formulation: 1) How is the application of the double track system in sentencing decisions against children in drug abuse crimes at the Padang District Court? 2) What is the basis for the judge's considerations in applying the double track system in sentencing decisions against children in drug abuse crimes at the Padang District Court? This research is normative juridical research. The author used secondary data in the form of court decisions. Data was collected by document study, then analyzed qualitatively. The results of the research concluded that 1) Judges at the Padang District Court in handing down sentences in narcotics abuse crimes have implemented a double track system, namely determining criminal sanctions in line with action sanctions. 2) The judge's consideration in implementing the double track system in punishing children in narcotics abuse crimes at the Padang District Court is by taking into account both juridical and non-juridical considerations.