Concept of Protection for Victims of Narcotics Abuse in Indonesia Fairly Based on Pancasila

Abstract

Background: Since the introduction of criminal policy on victims of drug abuse in Indonesia in Law No. 35 of 2009 on Narcotic Drugs, the current legislation does not give room to the use of criminal means (tax and action), which extends both its content and benefits as contained in Article 127 paragraphs (1), (2), and (3), Jo. Article 103 Jo. Art. 54 is the punishment of criminal imprisonment, and the sentence of medical rehabilitation or social rehabilitation only tends to be rigid, So in legal practice, it still tends to position victims of drug abuse as being treated equally as perpetrators of drug offenses in general, without regard to justice for the protection of the victim of narcotics abuse itself. Adopting good concepts for the formulation of the Narcotics Act in the future is necessary as a reflection of the values of justice for the victims of drug abuse who are distributed to Indonesians based on Pancasila with a more flexible system of punishment. (flexible on sentencing).   Objective: Analyzing to a great extent the innovative ideas of re-formulating criminal drug policy in Indonesia with a comparative study of criminal policy on victims of drug abuse in other countries. By using the method of doctrinal approach that analyzes the law as it is written in the books or the law as it is decided by the judge through the judicial process.   Theoretical framework: Prison sentences for narcotics abuse have proved to be unable to reduce the number of narcotics abuses. The Law on Narcotic Drugs, in its development, has been updated with the enactment of Law No. 35 of 2009 on Drugs. There has been a legal revision of the provisions of this law, with the decriminalization of drug abuse perpetrators. Narcotics addicts and victims of drug abuse must undergo medical and social rehabilitation. Van Boven, a United Nations special rapporteur, puts the rights of victims of human rights violations in a comprehensive way that is not only limited to the right to know and to continued justice but also the right to reparation (Theo Van Boven, 2002).   Method: This study uses the method of normative jurisprudence, or doctrinal law research, that analyzes both laws as they are written in the books and laws as they are decided by the judge through the judicial process. The use of skunder data as a source or material of information can be primary legal material, skunder legal material, or third-tier legal material.   Results: The results of the study suggest that there is a need to re-formulate the criminal policy of legal protection of victims as perpetrators of crimes in the future drug law enforcement system, including articles on the use of non-criminal means in drug law in the future as a measure of prevention of the adverse influence of the black traffic of narcotics in Indonesia. To this end, it is necessary to encourage the support of the government by using all its powers to provide the budget, resources, and human resources for both the security and defense of the country, such as the Indonesian National Army/Police of the Republic of Indonesia/National Narcotics Agency, other law enforcement agencies, and the apparatus of government within the scope of the state administration, so that the presence and existence of a state in protecting citizens in a safe, comfortable, and realization of a divine, just, and civilized society with a sense of unity, settlement with mutiny, and justice in society will be felt.