Kebijakan Hukum Pidana terhadap Penyalahgunaan Trihexyphenidyl yang Melibatkan Anak

Abstract

The misuse of Trihexyphenidyl, a prescription-only drug that is not classified as a narcotic, involves children. Existing studies seldom distinguish the legal position of the child or connect it to the structure of the offences in Law Number 17 of 2023 on Health. This research examines the criminal law construction of Articles 435 and 436 of that Law and formulates a criminal law policy that differentiates children as users, as victims of exploitation, and as children in conflict with the law. It uses normative legal research with statutory and conceptual approaches, and the legal materials are analysed qualitatively and prescriptively. The findings show that Article 435 addresses the production or distribution of pharmaceutical preparations that fail statutory standards, punishable by up to twelve years’ imprisonment, while Article 436 addresses pharmaceutical practice without expertise and authority, punishable by up to five years where a prescription-only drug is involved. Neither provision penalises mere consumption, so child users call for health-based and protective responses, exploited children require action against the adults behind them, and diversion for children in conflict with the law must be tested against the seven-year threshold of Article 7 of the Juvenile Criminal Justice System Law. That threshold excludes Article 435 when it is charged alone but may be reached through alternative charges under Supreme Court Regulation Number 4 of 2014. The research contributes a three-track penal and non-penal policy framework and concludes that reform should strengthen distribution oversight and inter-agency coordination rather than reclassify the drug as a narcotic.