Tindak Pidana Narkotika Dengan Pelaku Anak Dalam Perspektif Yuridis Dan Islam

This study, entitled “Juridical and Islamic Perspectives on Narcotics Crime with Child Perpetrators”, is motivated by the increasing number of narcotics cases involving university students, school students, and even children, ranking fourth highest in Indonesia. The trend of law enforcement in narcotics crimes has shown fluctuations, while narcotics themselves, although beneficial in the health sector, can cause severe harm when misused. A concerning phenomenon is the involvement of children, not only as users but also as distributors, often influenced by adults through persuasion, provision, or threats. In this regard, the role of the family is crucial in providing early education about the dangers of narcotics. From an Islamic perspective, narcotics abuse is considered a major sin and prohibited, equated with khamr due to its intoxicating nature. This view is derived from Islamic law, namely the Qur'an, Hadith, and ijtihad of scholars. This study discusses the legal and Islamic perspectives on narcotics crimes committed by children, using a descriptive normative legal method. Secondary data from primary and secondary legal sources were collected through literature study, analyzed qualitatively, and concluded deductively. The findings reveal that, juridically, children as perpetrators are processed under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which emphasizes restorative justice, rehabilitation, and the protection of children’s rights. Child users are primarily directed towards rehabilitation, whereas child distributors are still given room for rehabilitation but with stricter considerations due to the severity of their actions. In Islamic law, narcotics crimes fall under fiqh jinayah. Children who have not reached puberty (baligh) are not held legally accountable, thus exempt from legal punishment under Sharia law.