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.


Introduction
Children who are involved in narcotic abuse are certainly not born suddenly but through a process of observation and selection from crime organizations or drug trafficking syndicates, 1 where the crime promises lucrative profits and, lately, a growing and circulating trend among criminal organizations or drug trafficking syndicates tends to use children under the age of 12 as couriers or drug dealers.  3 it is explained that a child in conflict with the law, hereinafter referred to as a child, is a child who is 12 (12) years old, but not yet 18 (18) years old, who is suspected of committing a crime.
With the increasing number of cases of drug trafficking using children under the age of 12 as couriers or drug dealers, it is safe in the Jawa Pos article, stating that out of the 19 narcotic cases that occurred, 10 cases used children under the age of 12 in practice law enforcers could not take any action against children under the age of 12, which if the child was criminally prosecuted, it is hoped that it will be able to uncover the narcotic distribution network. By not processing children under the age of 12 as drug couriers or delivery agents, perpetrators will automatically be involved using children under the age of 12 as drug couriers or delivery people will be released without receiving any sanctions. is the age limit for children in concerning Narcotics, which can exacerbate criminal threats for adult perpetrators who order children to act or persuade children to become narcotics, couriers cannot be exposed, let alone punished. In terms of handling narcotic cases, especially children as dealers, the prosecutor's accuracy is needed to better control the results of investigations by the police so that they can catch perpetrators of child narcotic dealers to uncover a large network of narcotic dealers. Until now, there have been no studies or regulations that specifically regulate the prosecutor's authority to control the results of investigations by the police to catch perpetrators of child narcotics dealers to reveal the large network of narcotics dealers behind them. In the future, it is hoped that the prosecutor's office, with its authority, will be able to make a regulation that favors children of narcotic dealers but is able to uncover narcotic distribution networks and provide a more deterrent effect to adult narcotic dealers.
Considering that the age limit for children who are in conflict with the law needs to be reviewed, it is necessary to determine whether the age limit for children who are in conflict with the law mentioned above remains relevant. With this review regarding the age limit for children who are in conflict with the law, justice, and legal certainty will be obtained for perpetrators and children involved in narcotic trafficking who are under 12 (twelve years). Based on the above description, the problem to be studied is the philosophical basis for determining the age limit for children who cannot be punished? Implications of setting age limits for narcotic traffickers.
This article that uses and bases it on legislation and applicable principles. 4 The approaches used in this study are the statutory approach (statute approach), conceptual approach (conceptual approach), and a comparison approach (comparative approach). The approach to legal regulations is done in a way that analyzes legal provisions, in particular Law number 11 of 2012 concerning the juvenile criminal justice system, Law number 35 of 2009 concerning narcotics, and other relevant regulations to determine and find the age of a child dealing with relevant laws in national criminal law.

the Right to Establish
Children's age is the main target because, at that time, children are in the stage of searching for identity and are still believed to be unstable. 5 The spread of narcotics to date has not seen old and young people. Children who participate in drug abuse do not emerge by themselves. On the other hand, there are a number of supporting factors, including the increasing prevalence of drug gangs among adolescents, as well as the rapid increase in the development of information technology, which has made drug trafficking easier. The benefits of engaging in the sale of illegal goods are attractive to dealers and the city encourages residents to pursue this field of work to meet their daily needs. Whereas before regarding the provisions governing the age limit for children from 12 to 18 years there was a Constitutional Court decision which read "The decision that the minimum age at which a minor can be considered legally responsible is 12 years was made by the Constitutional Court (MK). Prior to the ratification of Law No. 3/1997 concerning the Juvenile Court, the minimum age at which a child can be held accountable for their actions in criminal court proceedings was eight years. Which contains "states the phrase 8 years in Article 1 number 1, Article 4 paragraph 1, and Article 5 Paragraph 1 of Law no. 37/1997 concerning Juvenile Justice is contrary to the 1945 Constitution", the court considers it necessary to set a child's age limit to protect constitutional rights, particularly the right to protection and freedom to grow and develop. In addition, the court believes that it is necessary to set an age limit to ensure the safety of the children. In some countries, such as the Americas, Mexico, and the Netherlands, the consensus is that the minimum age at which minors can be held legally responsible should be no more than 12. Another factor to consider is that children are generally emotionally, mentally, and intellectually stable at the age of 12. This is because the age of 12 is quite intelligent. The Juvenile Court Law was Determining the age limit for juvenile offenders is one of the most important factors to be considered when formulating the Criminal Code that applies to children.
Nowadays, along with the speed of times and the ease with which children can access information, they are more mature in thought than their age. Many examples in the field physically look like children, but their words and actions are similar to adults; therefore, the age limit for children is 12 years. Guidelines regarding the age limit for criminal responsibility for children themselves have been stipulated in criminal law in Indonesia, particularly the Criminal Code (KUHP), Juvenile Court Law, and SPPA Law. This law establishes the minimum and maximum age at which children can be held legally responsible for their own criminal acts. Shifting the age at which a child is deemed to be breaking the law brings ideas into consideration for governments to shift the line between age-related delinquents and children who break the law. This study is based on the basic concept of age change, in which children become legally responsible for their actions. 13 However, it seems that the legal provisions related to Article 1, point 3 of the Juvenile Justice System Law, which states that the minimum age for children in conflict with the law is 12 years, is considered less relevant. Many children under the age of 12 have committed a crime, one of which is drug abuse. Article 1 point 3 of the SPPA Law explains that a child in conflict with the law, hereinafter referred to as a child, is a child who is 12 (12) years old but not yet 18 (18) years old, who is suspected of committing a crime. The trend that has been developing recently when viewed from the point of view of drug trafficking has begun to reach children aged 10 to 16 years. This provision, if related to narcotic law issues involving children, occurs because narcotic dealers have thought about using children under the age of 12 if the child is by the authorities; for example, in this case, the police are caught red-handed. offer to sell, sell, buy, receive, become an intermediary in buying and selling, exchanging, or handing over narcotics, then the child will not be processed and released. This legal loophole is exploited by perpetrators of narcotic crimes by using children under the age of 12 as couriers or acting as intermediaries in buying and selling, exchanging, or handing over narcotics.
The thing that needs to be of concern is not when children become perpetrators of narcotics and psychotropic drugs or when they become victims or users of narcotics and psychotropics, but when they are used as tools in trading narcotics and dangerous drugs. This incident can happen because the child becomes a tool that is almost impossible to suspect, even though it may happen that a child is used as a courier by their parents or relatives who become drug dealers. In legal development

Conclusion
A child in conflict with the law, hereinafter referred to as a child, is a child who is 12 (twelve) years old but not yet 18 (18) years old, and is suspected of committing a crime. The trend that has been developing recently when viewed from the point of view of drug trafficking has begun to reach children aged 10 to 16 years. This provision, if related to narcotic law issues involving children, occurs because narcotic dealers have thought about using children under the age of 12 if the child is by the authorities; for example, in this case, the police are caught red-handed. offer to sell, sell, buy, receive, become an intermediary in buying and selling, exchanging, or handing over narcotics, then the child will not be processed and released. This legal loophole is exploited by perpetrators of narcotic crimes by using children under the age of 12 as couriers or acting as intermediaries in buying and selling, exchanging, or handing over narcotics. Currently, with the speed of development and ease with which children access information, they are more mature in thought than their age. Many examples in the field physically look like children, but their words and actions are similar to adults; therefore, the age limit for children is 12 years. Lowering the age limit for children to below 12 years will create the conditions for eradicating narcotics that we desire to reduce the rate of circulation of narcotics in Indonesia. Office issued legal products related to restorative justice in criminal cases at the prosecution stage in the form of the prosecutor's authority as the owner of the suit by prioritizing restorative justice, which emphasizes restoration to its original state and balance of protection and interests of victims and perpetrators of criminal acts that are not oriented towards retaliation. In terms of handling narcotic cases, especially children as dealers, the prosecutor's accuracy is needed to better control the results of investigations by the police so that they can catch perpetrators of child narcotic dealers to uncover a large network of narcotic dealers. Until now, there have been no studies or regulations that specifically regulate the prosecutor's authority to control the results of investigations by the police to catch perpetrators of child narcotics dealers to reveal the large network of narcotics dealers behind them.