The Ultimum Remedium Principle In The Context Of Criminal Punishment Against Children As An Actor Of Narcotics Crime

Abstract Drug abuse has grown over the days with significant development. Narcotics crime actually not only brings individual actors but tends to be a criminal offense syndicate or covert organization over the worlds. In this case the syndicate allegedly not only brings perpetrators of adults but feared the actors who are categorized as a child in accordance with the applicable laws. On the other side children occupy a special place in the law. Basic philosophy of the treatment of juvenile delinquents is for the best interests of the child but the fact that peoples behavior lately is very alarming how society is so easy to judge people suspected as perpetrators of criminal acts. The objective of this research is to understand the essence of the ultimum remedium principle as the basis for criminal punishment in the Indonesian criminal system in order to understand how the crisis is influencing drug phenomenon and drugs users lives and the extent of their impact on the settlement of narcotics crime against children as an offender. The outcomes of the research indicate that the Law No. 11 of 2012 regarding the Criminal Justice System for Juvenile Delinquency Rules of the Supreme Court of the Republic of Indonesia No. 4 of 2014 on Guidelines for Diversion and Law No. 35 of 2009 regarding Narcotics Crime have been given the freedom and legitimacy to the judge to apply the principle of ultimum remedium in handling cases of children in conflict with the law. As it turns out in practice however the ultimum remedium principle is rarely applied and tends to be overlooked in the process of juvenile justice.