REHABILITASI SEBAGAI ALTERNATIF PEMIDANAAN TERHADAP ANAK KORBAN PENYALAHGUNA NARKOTIKA DALAM UPAYA PERLINDUNGAN TERHADAP ANAK

Abstrak

The main research is for looking and analyze children’s position in trespasser Narcotic and searching for judges’s consideration in case of penalties application for children’s trespasser. Problems formula are looking for how children’s position as the trespasser. Wheter as the victim or as the performer, what are the judge’s evaluation for using criminal sanction, how the law’s protection related in sanction’s application. The Research’s sort is normative. The using method are based on legal material, Primer formula, secondary and tertier. Using legal approach or statuta approach and case approach with research based on the cases who related with vibrant with constancy issue. The results show that the children’s trespasser as the performer not as the victim Against the child as a narcotic abusers prison rulings are more dominant because the judges prioritise legal certainty’s value of justice and profit. With prison sentence, it is not suitable with restorative justice and it is not considered for protecting the children’s right.