LEGAL ANALYSIS OF THE APPLICATION OF POSITIVE LAW TOWARDS CHILDREN'S BEHAVIOR AS NARCOTICS DEALERS BASED ON CASE STUDY NO. 20/PID.SUS.ANAK/2021/PN.CBN

Abstract

Children who act as intermediaries in drug trafficking are not necessarily perpetrators, but can also be said to be victims. This can be seen that children who act as intermediaries in drug trafficking are a form of exploitation of children. At an age that is still unstable and coupled with a great desire to know, certain individuals actually take advantage of it to facilitate their drug trafficking activities. It is possible that in this condition the child does not know the contents of the package that he brought from the seller to the buyer. It is also possible that the child knows the contents of the package, but with the lure of a lot of money, the child then wants to become an intermediary in drug trafficking. In conditions like this, the child can then be placed as a victim so that a restorative justice approach can be carried out to achieve diversion. Children who commit crimes in this case as dealers in drug crimes cannot be fully blamed because they are influenced by their surroundings where the child is a victim of adult engineering. Moreover, in the case of narcotics, children are the main target where their curiosity is still unstable, therefore children are classified as victims, so try not to be detained.