Rehabilitation of Children as Perpetrators of Narcotics Crimes in the Perspective of Indonesian Criminal Law Reform (Comparative Analysis of Indonesia-Thailand)

The involvement of children as perpetrators of narcotics crimes presents a significant challenge within the criminal justice system, as children must be regarded not merely as offenders but also as individuals in need of protection and recovery through rehabilitative approaches. This study examines how child rehabilitation is regulated for children who commit narcotics offenses within the context of Indonesian criminal law reform, and compares such rehabilitation frameworks between Indonesia and Thailand through the lens of the principle of the Best Interests of the Child. The study aims to analyze rehabilitation mechanisms under Indonesian law and compare them with Thailand's legal system in order to identify a more appropriate legal approach for children in conflict with the law. The research employs a normative juridical method, encompassing statutory, comparative, and conceptual approaches through a review of primary and secondary legal materials. The findings reveal that Indonesia has established rehabilitation frameworks through the Narcotics Law, the SPPA Law, and related regulations; however, implementation remains hampered by an overemphasis on punitive aspects. By contrast, Thailand offers a more flexible mechanism with a focus on rehabilitation, diversion, and restorative justice. This study concludes that Indonesian criminal law reform must strengthen its rehabilitative and restorative approach by firmly establishing the best interests of the child as the primary principle in cases involving children who commit narcotics offenses.