Legal Analysis of Formulation of Child Narcotics Dealer

Abstract

Indonesia is “ a state of law” or “rechtstaat” which is its governance and society based on Pancasila (Five State Principles) and Constitution of the Republic of Indonesia 1945. It is known also as a state with various cultures and its noble character. However, it is commonly to be heard lately a slogan “Indonesia as emerging narcotics state”. Narcotics circulation in Indonesia juridically is allowed by law (valid) with some certain reasons, such as for medicine and research purposes. The rule of it can be seen in article 7 of the Law No. 35 of 2009 on Narcotics. Articles 111 to 148 the law No. 35 of 2009 state that “any person that without right or against the law who circulates the narcotics will be punished”. The article 133 subsection (1) and (2) of the law No. 35 of 2009 is the only article of the Law states it. However, the article only puts the child as a victim of the adult person who circulates the narcotics. The provision related to the dealer narcotics can be seen in article 111, 112, 113,114, 115, 116, and 127 of the Law No. 35 of 2009.

Keywords: Formulation, Narcotics, Child Dealer.