儿童毒贩刑事责任年龄限制的改革

Yuridika Pub Date : 2023-05-01 DOI:10.20473/ydk.v38i2.47052
Thesar Yudi Prasetya, Didik Endro Purwoleksono, Astutik
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引用次数: 0

摘要

这篇文章使用并基于适用的法律和原则。法律和监管方法是通过审查法律条款来实施的,特别是2012年关于青少年刑事司法系统的第11号法律、2009年关于麻醉品的第35号法律以及其他相关法规,以在法律面前确定和查明儿童的年龄。与国家刑法相关。基于上述方法,本研究的讨论结果是:触犯法律的儿童是指12岁但未满18岁的涉嫌犯罪的儿童。这一定义源于一部名为《青少年刑事司法系统法》的法律,该法律取代了《青少年法院法》。由于这一定义,很明显,立法机构已经达成共识,认为八岁是一个不合适的年龄,一个人应该为自己的行为负责。在处理毒品案件,特别是作为毒贩的儿童案件方面,检察官需要注意更好地控制警方的调查结果,以便他们能够抓住儿童毒品毒贩的犯罪者,以揭露一个庞大的毒品毒贩网络。到目前为止,还没有任何研究或法规专门规定检察官有权控制警方的调查结果,以抓捕儿童毒品贩子的犯罪者,从而揭露他们背后的大型毒品贩子网络。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Reformulation of Age Limit for Criminal Liability Child Narcotics Dealer
This article that uses and is based on applicable laws and principles. The legal and regulatory approach is carried out by examining legal provisions, in particular, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2009 concerning Narcotics, and other related regulations to determine and find out the age of a child before the law. relevant in national criminal law. Based on the above approach, the results of the discussion of this study are: Children in conflict with the law are children who are 12 years old but have not reached the age of 18 who are suspected of committing a crime. This definition was derived from a law known as the Law on the Juvenile Criminal Justice System (UU SPPA), which replaced the law known as the Law on Juvenile Courts. As a result of this definition, it is clear that the Legislature has reached a consensus that the age of eight is an inappropriate age for a person to be held accountable for actions they have committed. In terms of handling narcotics cases, especially children as dealers, the prosecutor's attention is needed to better control the results of investigations conducted by the police so that they can catch perpetrators of child narcotics dealers to uncover a large network of narcotics dealers. Until now there has been no study or regulation that specifically regulates the prosecutor's authority to control the results of investigations by the police to be able to catch perpetrators of child narcotics dealers to uncover the large network of narcotics dealers behind them.
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CiteScore
0.40
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24
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24 weeks
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