Dampak Putusan Pidana Bersyarat Terhadap Tindak Pidana Narkotika Oleh Anak (Studi Putusan Pengadilan Negeri Surakarta Perkara Nomor: 001/Pid.Sus-Anak/2021/PN Skt)

This study analyzes the conditional criminal decisions on narcotics crimes by children. Because along with the times that are so advanced, narcotics crimes are not only carried out by adults but also minors who have committed many narcotic crimes. Children as narcotics crimes will still apply the law, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System which regulates and discusses the problem of criminal acts by children. So the authors conducted research on how the punishment of children as narcotics crimes were applied and the impact after the implementation of the legal decisions by children and to know the Islamic view of narcotics crimes. This type of research is a normative-empirical approach where by reviewing criminal law policies and how they are implemented in the field related to narcotics crimes. It is also intended to analyze the impact of imposing conditional penalties on the decision Number 001/Pid.Sus-Anak/2021/PN Skt . The results of the research that the authors get are that in carrying out criminal penalties for minors regarding narcotics crimes, it has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, children as perpetrators of criminal acts are sentenced to imprisonment for 7 (months) at BRMAPK and sentenced to training in lieu of a fine at BRSMAPK (Balai for the Social Rehabilitation of Children in Need of Special Protection). There are factors that are aggravating the punishment of children who are perpetrators of narcotics crimes, namely children who do not support the narcotics and narcotics circulation control program. Meanwhile, the factors that eased the sentence were the children in the trial who were sorry, regretted their actions and wanted to continue their education and the children had never been punished. Thus in the Islamic legal system, children who are entangled in committing criminal acts (jarimah) are given different treatment, criminals must be held criminally responsible (al-masuliyyah al-jinaiyah), this is important as a moral element or pillars of adabi in a criminal act. Keywords: Conditional Crime, Narcotics Crime, Minor