Drug Offenses Against Children: Is There a Conflict of Norms Related to the Time Limit for Arrest?

Abstract

The purpose of this research is to identify and evaluate the norm contradiction between the Law of the Republic of Indonesia Number 11 Year 2012 article 30 paragraph (1): The arrest of children is carried out for the purpose of investigation for a maximum of 24 (twenty-four) hours with the Law of the Republic of Indonesia Number 35 Year 2009 article 76 paragraph (1): The implementation of the arrest authority as referred to in article 75 letter g. is carried out for a maximum of 3 x 24 (three times twenty-four) hours. Starting from the time the arrest warrant is received by the investigator. Paragraph (2): The arrest as referred to in paragraph (1) may be extended for a maximum of 3 x 24 (three times twenty-four) hours. And (2) to analyze how to resolve the conflict of norms of the two laws and regulations. The type of research used is normative legal research while the approaches used are statutory approaches and conceptual approaches. The sources of legal materials used are primary, secondary, and tertiary legal materials. The legal material collection technique used is the document study technique then the legal material is analyzed using deductive logic analysis techniques, and discussed descriptively. The results showed that the solution to resolve the conflict of norms between Law of the Republic of Indonesia Number 11 of 2012 article 30 paragraph (1) and Law of the Republic of Indonesia Number 35 of 2009 paragraph (1), (2), should be by applying the principle of legal preference, namely the principle of lex specialist derogate legi generalis.