| Summary: | This study was aimed to determine the consideration of the judges in decisions
making for child that acts narcotics crime, the constraints faced by judges in decisions
making for child that acts narcotics crime, and the efforts made by the judge to face of
these constraints.
This research is a normative � empirical study. The normative legal research is a
process to find a rule of law , principles of law , and legal doctrines to encounter the
legal issues. The data has been collected from the research literature, qualitative
juridical analysis that a method of data analysis by classifying and selecting the data
obtained from the study according to the quality and validity, then connected with
legislation and theories derived from studies literature, in order to obtain answers to the
problems.
The results showed that: (1) The considerations used in decisions making for
child that acts narcotics crime included: the background of the a criminal act, the
chronological events of the criminal child, consequences arising from the defendants�
action, defendant's life history, the response from child against criminal action / the
reason, a family history, the society or the environment condition, family and Litmas
Opinions responses (Research society), (2) the constraints faced by the judge in giving
judgment of child that acts narcotics crime was as the children thus the judge must be
careful in taking decisions and there is no minimum limit at narcotics cases. Other
constraints were : no system and institutional administration separation for child court,
the absence of the special child custody , no child�s prison, no separation between the
civilian child and chald that accused/convicted/proven for the criminal law, the
weakness for handling practices in legal adviser accompanied for the child without in
the police station, rare discretion for children cases, the prosecutor�s weaknesses in the
judiciary and courts, practices� weakness in Panitentiary Institutions, the weakness of
Bappas officer positions in the child�s court
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