A JURIDICAL REVIEW OF THE CRIMINAL OFFENSE OF NARCOTICS ABUSE BY MINORS UNDER LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS, IN CONJUNCTION WITH LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE AND LAW NUMBER 11 OF 2012 CONCERNING THE JUVENILE CRIMINAL

Abstract

Drug abuse involving minors has become an increasingly complex legal issue because it concerns not only criminal law enforcement but also the protection of children's rights as a vulnerable group. In Indonesia, the legal regulation of juvenile narcotics abuse is governed by Law Number 35 of 2009 concerning Narcotics, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and Law Number 1 of 2023 concerning the Indonesian Criminal Code. The coexistence of these regulations has created normative disharmony, particularly between the punitive approach under the Narcotics Law and the restorative justice approach promoted by the Juvenile Criminal Justice System Law.This research employs normative legal research using statutory, conceptual, and case approaches. Legal materials were collected through library research consisting of legislation, legal doctrines, scientific journals, and the Decision of the Amlapura District Court Number 2/Pid.Sus-Anak/2023/PN Amp.The findings indicate that legal enforcement against juvenile narcotics offenders has not yet achieved legal certainty due to conflicting legal norms. Punitive sanctions continue to dominate judicial practice, often overlooking the principle of the best interests of the child. Therefore, harmonization of legislation is necessary by prioritizing the Juvenile Criminal Justice System Law as the principal legal framework in handling juvenile narcotics cases through rehabilitation, diversion, and restorative justice.