PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KURIR NARKOBA DALAM PERSPEKTIF PERADILAN PIDANA ANAK

Abstract

The involvement of children as drug couriers is a concerning phenomenon often exploited by crime syndicates to deceive law enforcement. There is a gap in literature and field practice where the Juvenile Criminal Justice System Law (SPPA) prioritizes restorative justice and diversion but clashes with the high minimum criminal sanctions threats in the Narcotics Law. This study aims to assess the application of the SPPA law and analyze legal protection for children who become narcotics couriers, along with the factors causing their involvement. This study uses an empirical juridical method with a case study at the 32 Mimika Police Station through observation and interviews. The results showed that children acting as narcotics couriers are not prioritized for diversion or restorative justice because the threat of punishment is above the diversion requirement limit. Nevertheless, the 32 Mimika Police continue to prioritize children's rights in the arrest and detention process according to the SPPA, where children are generally sentenced to lighter terms, namely 1 year and 8 months. As a result, legal protection for child drug couriers has not been fully able to adopt the spirit of diversion due to the rigidity of the Narcotics Law, so punishment remains the resolution path, triggered by factors of economic pressure and lack of parental supervision.