Legal Protection of Narcotic Abusers: A Restorative Justice Perspective

Maria Febriana ,Slamet Sampurno Soewondo ,M Arfin Hamid ,Wiwie Heryani

doi:10.7176/jlpg/88-09

Abstract

The increasing of narcotics cases from year to year makes the government must be more introspective related to the distribution of narcotics that comes from outside as well as the distribution that comes from inside. The research uses a socio-legal approach. This approach used to look at legal aspects of social interaction in the communities. The research site is Kediri, East Java province, Indonesia. The results show that the State and Government have an obligation to provide legal protection against narcotics abusers. Abusers are the citizen who must be fulfilled their rights. The appropriate treatment for a narcotics abuser is getting medical and social rehabilitation. By medical rehabilitation, narcotics abusers can recover from their dependence on narcotics and become a healthy person. Implementing restorative justice to narcotics abusers is not to bring narcotics abusers who have been arrested directly using narcotics without rights or against the law into the legal process, but place them in a place of medical and social rehabilitation. In realizing restorative justice, there are obstacles to narcotics crime includes no regulation equal to the law on the regulation of restorative justice especially for narcotics abusers as victims which can be used as guidelines by law enforcers to enforce restorative justice for narcotics abusers. Keywords: Criminal Law; Drugs; Narcotics; Restorative Justice DOI : 10.7176/JLPG/88-09 Publication date : August 31 st 2019

Highlights

Narcotics crime becomes increasingly high and complex, expecting Indonesia to be careful and alert to the abuse of Narcotics which can threaten the nation’s generation
The minimum prison sentence and a very large fine will be imposed on every Indonesian citizen who is proven to have committed a criminal offense in the narcotics; and the most severe is death penalty that will be imposed on narcotics offenders
In Indonesia, the increasing of narcotics cases from year to year makes the government must be more introspective related to the distribution of narcotics that comes from outside as well as the distribution that comes from inside

Summary

Introduction

Narcotics crime becomes increasingly high and complex, expecting Indonesia to be careful and alert to the abuse of Narcotics which can threaten the nation’s generation. Resolving problems for narcotic abusers by punish them in the prison will further add to the concern that abusers will learn to circulate narcotics to more skilled narcotics inmates For this reason, a mutual understanding between law enforcer is needed, by rehabilitate narcotics abusers in representative locations. 3. The Essence of Legal Protection against Narcotics Abusers Every Indonesian citizen has the right to legal protection and health, including narcotics abuser. Education about narcotics for each family member will be very helpful so that each family member is not affected to use it, because they already knows the negative effects on health, and even the legal consequences when someone uses narcotics without rights or against the law. Difficulties looking for work can lead to a desire to work as a narcotics supplier

Ease to circulate narcotics

Conclusion