PENERAPAN DOUBLE TRACK SYSTEM TERHADAP ANAK PELAKU TINDAK PIDANA PENYLAHGUNAAN NARKOTIKA

Abstract

Article 127 of the Narcotics Law stipulates that narcotics users may be subject to
imprisonment; however, other provisions of the law provide an opportunity for judges to impose
rehabilitation measures based on the results of an integrated assessment. In Decision No.
9/Pid.Sus-Anak/2019/PN SDA, the judge imposed a two-year term of imprisonment
accompanied by a two-month job training measure.This study aims to: (1) examine the
implementation of measures against juvenile offenders in narcotics abuse cases; and (2) analyze
the judges’ considerations in imposing measures on juvenile offenders in narcotics abuse
cases.The type of research employed is normative legal research using statutory and case
approaches. The data sources consist of secondary data, including primary, secondary, and
tertiary legal materials. Data were collected through document study and analyzed
qualitatively.The results of the study indicate that: The results of the study indicate that:(1)in
applying measure stojuvenil eoffenders in narcotics abuse cases, judges in several decision
shaveal so imposed additional measures in the formof job training as aformof guidance; and (2)
indetermining measures for juvenil eoffenders in narcotics abuse cases, judges consider
juridical aspects such as the public prosecutor’s indictment, the defendant’s testimony, witness
statements, evidence, and relevant provisions of criminal law, as well as non-juridical aspects
such asthe defendant’s background, the consequences of the defendant’s actions, the
defendant’s personal condition, and religion, which are reflected in considerations that are
aggravating and mitigating