The Role of the Perpetrators

Oct 13, 2025 by leolavanderia.com.br 74 views

The Punishment of Criminalization of Children Who Are Intermediaries in Buying and Selling Narcotics: A Study of District Court Decisions

Introduction

The criminalization of children who are intermediaries in buying and selling narcotics is a serious issue that has been plaguing many countries, including Indonesia. The disparity in punishment for such crimes is a major concern, as it can lead to unfair treatment of children and undermine the effectiveness of the justice system. This study aims to examine the disparity in punishment for children who are intermediaries in buying and selling narcotics, by analyzing three decisions of the Palembang District Court.

Background

The criminal justice system in Indonesia provides broad freedom to judges in determining the type of criminal. The alternative system in criminal threats at the Criminal Code allows several basic criminal acts to be threatened with alternative crimes, so that judges have flexibility in imposing punishment. However, this flexibility can also lead to disparity in punishment, as judges may consider different factors in each case.

Factors Causing Disparity

Several factors become the main foundation of punishment disparity, including:

Legal Factors

Non-Legal Factors

These factors are related to the specific conditions of cases and perpetrators, such as:

Background and Motive

The reason the perpetrators committed a crime, whether it was motivated by economic pressure, environmental influence, or other factors, could be a judge's consideration.

Traces Records

Whether the perpetrators had committed a similar crime before were also an important consideration in determining the punishment.

The Role of the Perpetrators

How much the role of the perpetrators in a crime, whether only as a courier or involved in planning, is also considered by the judge.

Understanding Level

The level of understanding of the perpetrators about the law and the consequences of their actions can also be the basis for judges' considerations.

How to Commit a Crime

How the perpetrators commit a crime, whether individually or organized, also a judge's consideration.

Number of Evidence

The amount of the number of evidence found to the perpetrators is also considered in determining the sentence.

Judge's Consideration in the Decision

In determining the punishment of children as narcotics intermediaries, the judge considers several aspects, including:

Case Background

Judge considers whether the perpetrator is the first time committing a criminal act or has ever committed before.

Child Background

Hakim considers the status of the perpetrators' education, whether they are still in school or have dropped out of school, as well as the condition of the family and the social environment.

Research Report Results

Hakim also considers the results of research reports from Palembang Penitentiary Center, which includes information about family background, association, and condition of the perpetrators.

Analysis of Different Decisions

Research found differences in the decision of narcotics intermediaries, which were influenced by several factors, such as:

Recognition of the Actors

There are children who claim to have long committed narcotics crimes, while others claim to be the first time.

Number of Evidence

The number of evidence found in each perpetrator is different.

Witness Testimony

Witness involvement and statement are also different in each case.

Children's Background

Family conditions, education, and environmental environment each child is different, which is also a judge's consideration.

Conclusion

Disparity of criminalization of children as narcotics intermediaries is influenced by several factors, both legal and non-legal factors. The freedom of judges in choosing a type of criminal and complex consideration in each case is a major factor in the occurrence of disparity. It is important to consider all these factors fairly and proportionally in deciding punishment for punishment goals, such as deterrent effects, recovery, and rehabilitation, can be achieved.

Recommendation

Increasing Legal Awareness

It is important to increase community legal awareness, especially among young people, about the dangers of drug abuse and their legal impacts.

Strengthening the Role of Parents and Family

The role of parents and family is very important in preventing children from being involved in drug trafficking.

Improvement of Rehabilitation Programs

Rehabilitation Program for Children involved in drug abuse needs to be strengthened to help them recover and return to the community.

Decision Standardization

Make guidelines or guidelines for judges in determining the punishment for drug cases involving children can help reduce punishment disparity.

Increasing Coordination between Institutions

It is important to improve coordination between law enforcement agencies, judicial institutions, and social institutions to deal with drug cases involving children.

Note

This article was written based on available data and information. For more information, you can consult with legal experts and other trusted information sources.
Frequently Asked Questions (FAQs) About the Punishment of Criminalization of Children Who Are Intermediaries in Buying and Selling Narcotics

Q: What is the main issue with the punishment of children who are intermediaries in buying and selling narcotics?

A: The main issue is the disparity in punishment, which can lead to unfair treatment of children and undermine the effectiveness of the justice system.

Q: What are the factors that contribute to the disparity in punishment?

A: The factors include legal factors, such as the freedom of judges in choosing a type of criminal, and non-legal factors, such as the background and motive of the perpetrators, their understanding level, and the number of evidence found.

Q: How do judges consider the background and motive of the perpetrators?

A: Judges consider whether the perpetrators committed a crime for economic pressure, environmental influence, or other factors.

Q: What is the role of the child's background in determining the punishment?

A: The child's background, including their education, family conditions, and social environment, is considered by the judge.

Q: How do judges consider the results of research reports from the Palembang Penitentiary Center?

A: Judges consider the information about family background, association, and condition of the perpetrators.

Q: What are the differences in the decision of narcotics intermediaries?

A: The differences are influenced by factors such as recognition of the actors, number of evidence, witness testimony, and children's background.

Q: What is the importance of increasing legal awareness among young people?

A: Increasing legal awareness can help prevent children from being involved in drug trafficking and reduce the disparity in punishment.

Q: What is the role of parents and family in preventing children from being involved in drug trafficking?

A: Parents and family play a crucial role in preventing children from being involved in drug trafficking by providing guidance and support.

Q: What are the rehabilitation programs for children involved in drug abuse?

A: Rehabilitation programs for children involved in drug abuse aim to help them recover and return to the community.

Q: How can decision standardization help reduce punishment disparity?

A: Decision standardization can help reduce punishment disparity by providing guidelines for judges in determining the punishment for drug cases involving children.

Q: What is the importance of increasing coordination between institutions?

A: Increasing coordination between law enforcement agencies, judicial institutions, and social institutions can help deal with drug cases involving children more effectively.

Q: Where can I find more information about the punishment of children who are intermediaries in buying and selling narcotics?

A: You can consult with legal experts and other trusted information sources for more information.

Q: What are the long-term consequences of the punishment of children who are intermediaries in buying and selling narcotics?

A: The long-term consequences can include the perpetuation of the cycle of crime, the erosion of trust in the justice system, and the perpetuation of social and economic inequalities.

Q: How can we address the root causes of the punishment of children who are intermediaries in buying and selling narcotics?

A: Addressing the root causes requires a comprehensive approach that includes increasing legal awareness, strengthening the role of parents and family, improving rehabilitation programs, and increasing coordination between institutions.