Implementation of Repressive Social Control Against Narcotics Abusers or Addicts to Reduce Prison Overcapacity

Abstract

The failure to implement medical rehabilitation or social rehabilitation for narcotics abusers causes problems, one of which is the excess capacity of prisons/detention centers in Indonesia, especially in DKI Jakarta Province, as the author gathered from General SDP data as of July 2023. This research aims to examine legal certainty for narcotics abusers/addicts. This research uses normative legal research methods with a case approach. The results of the study show that legal certainty for narcotics abusers or people with an addiction refers to the Supreme Court Circular Letter (SEMA) Number 4 of 2010 concerning the Placement of Narcotics Abusers, Victims, and Addicts into Medical Rehabilitation and Social Rehabilitation Institutions, which states that Judges can decide whether people with an addiction The narcotics are undergoing rehabilitation. There are 5 (five) conditions for obtaining a rehabilitation decision, as well as articles regulated in Law Number 35 of 2009 concerning Narcotics regarding the possibility for narcotics abusers/addicts to be rehabilitated rather than being subject to physical imprisonment because, in reality, narcotics abusers /addicts are an addiction process that can be interpreted as a disease in every user that must be treated. Repressive social control usually takes the form of consequences for those who violate, appropriate punishment, advice, and counseling so as not to do it again, in this case, related to narcotics in the form of rehabilitation sentences and can reduce the number of prisons for abusers/ addicts if the perpetrator/addict consumes less than the Circular. Supreme Court Number 4 of 2010 and has never been charged/violated the narcotics law.