ANALISIS YURIDIS TENTANG IMPLEMENTASI PENYIDIKAN MENURUT UNDANG-UNDANG NO. 3 TAHUN 1997 TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA (Studi di Polresta Blitar)

TRI HANDOKO , AGUNG (2008) ANALISIS YURIDIS TENTANG IMPLEMENTASI PENYIDIKAN MENURUT UNDANG-UNDANG NO. 3 TAHUN 1997 TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA (Studi di Polresta Blitar). Other thesis, University of Muhammadiyah Malang.

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Abstract

Level of drug abuse in Indonesia is alarming from year to year. Most of the victims of narcotics and illicit drugs are the children. Criminal provisions of these criminal acts stipulated in the Narcotics Act. With the enactment of Law No. 3 / 1997 on Juvenile Court, then the formal criminal provisions in the Narcotics Act judicially must be based on the law as lex specialist of the Penal Code. Police as a leading gateway screening process criminal cases, in this case is the first institution in the institution of justice, must be careful and cautious in carrying out the investigation against children as perpetrators of this crime. The purpose of rigor and caution so that in the process of investigation on children as perpetrators of the crime of narcotics does not happen there is a violation of law in the law enforcement process given that the position of children in the narcotics crime is actually a "victim". The importance of the police as a leading gateway screening process criminal cases that carry out the investigation and the investigation of children as perpetrators of crime narcotics, it is necessary to know exactly how the application of Law no. 3 of 1997 on children as perpetrators of crime narcotics. And the constraints are faced by the Police in implementing the provisions of the Act against children as perpetrators of crime narcotics. This research used a normative juridical approach. This approach is used to determine the reality and the fact the process of applying the Juvenile Court Act against children as perpetrators of criminal acts carried out by the Police narcotics. Data collection techniques used in this study are interviews with the investigators who know and experience the process of investigation or inquiry against children as perpetrators of crime narcotics, documentation about the things or variables related to the case of children criminal narcotics or by direct observation to research sites in Blitar Police as a place of primary data collection. Then the data from the study were analyzed using qualitative descriptive methods. Investigations conducted by the Police Blitar against children as perpetrators of the crime of narcotics based on the Narcotics Act and the Juvenile Court Act. Investigations conducted by investigators had been committed adults. An examination of suspects conducted in the atmosphere and the suspects were granted the right to legal assistance. This process is closed to unauthorized persons. However, in reality there is still a trend of mass media exposure. The suspect was detained children along with adult suspects. In the process of investigation, police have not coordinated with Community Advisors as well as experts and mental health. One of the constraints faced by the police is limited to owned facilities so that children were detained together with adults and are not held in a special place with a separate detention room adult suspects. Broadly speaking, the investigation by Police Blitar against children as perpetrators of this crime of narcotics is in conformity with applicable law, but there are some things that are still not fully in accordance with the mandate contained in Law no. 3 / 1997 concerning investigations conducted on children who committed the crime of narcotics. Focused on such matters should be the investigator should be more careful and cautious in carrying out the investigation against children as perpetrators of the crime of narcotics given that the child's position in this offense really is as a "victim". Storey Level Narcotic abuse of concern in Indonesia progressively from year to year. Becoming Most Narcotic victim and of the forbidden drugs is children. Concerning this rule of crime is doing an injustice Arranged in Narcotic Law. ratified of Law no. 3 year 1997 about Justice of the Child, Hence the rule of formal crime in Law Narcotic by juridical have to be relied on the law mentioned as specialist lex of the Penal Code. Police as spandrel of the leading criminal screening process the which in this case jurisdiction Represent first institution in the institution, have to behave neglectless and careful in executing investigation and investigation to-child as perpetrator of this doing an injustice. Intention of careful and the carefulness in expection of the investigation process to-child as perpetrator of Narcotic doing an injustice do not Happened the existence of the transgression in the course of straightening of law see That child position in the Narcotic doing an injustice in fact as "victim" . I Important of police uterus as spandrel of the leading criminal screening process the which execute the investigation process and investigation to-child as perpetrator of Narcotic doing an injustice, Hence it is Important to know in fact how applying of the Law of No. 3 year 1997-to-child as perpetrator of Narcotic doing an injustice. Also constraints and what is faced by Police in applying the The Rules and Regulations to-child as perpetrator of Narcotic doing an injustice. This research use the method of normative juridical approach. This approach is Used to know a fact and reality of applying process rules and Regulations of Justice of the Child-to-child as perpetrator of Narcotic doing an injustice Executed by Police. Technique data collecting the which is Used in this research in the form of interviews with investigators all knowing and experiencing of by xself process Also investigation and investigation to-child as perpetrator of Narcotic doing an injustice, or variable Things Concerning documentation related to cases of child perpetrator of Narcotic doing an injustice and Also with direct observation to research location in Police Blitar place as intake of primary data. Later; Then the data from result of the research analysed to use descriptive qualitative method. I Investigation conducted by Police Blitar-to-child as perpetrator of Narcotic doing an injustice relied on Narcotic Law Also Law and Justice of the Child. Investigation conducted by investigators of conducted by doing an injustice is adult. Inspection conducted in familiarity to the atmosphere and to given by rights of legal aid. This process closed to one Who is unconcerned ins. However in its it still there are trends of mass media exposure. child under arrest together with adult. In course of inspection, police not yet co-ordinated with Counsellor of Social and Also hygienist and is psychological. One of [the] constraints faced by Police is limitation of the facility will from so That Had child under arrest together with adult and do not be Executed in place with a special separate room of adult Prisoner. Marginally investigation conducted by Police Blitar-to-child as perpetrator of this Narcotic doing an injustice have as According to Law going into effect, however there are Some matter the which still not yet fully as According to existing Commendation in the Law of No. 3 Year 1997-to-child hitting conducting investigation conducted Narcotic doing an injustice. Starting from Things of investigators ought to behave have to be more careful in executing neglectless and investigation and investigation to-child as perpetrator of Narcotic doing an injustice see That child in this position in fact doing an injustice is as "victim".

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Rayi Tegar Pamungkas
Date Deposited: 12 Jun 2012 06:12
Last Modified: 12 Jun 2012 06:12
URI: http://eprints.umm.ac.id/id/eprint/7340

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