Legal Reconstruction of Medical and Social Rehabilitation of Narcotic Abuse Victims Based on Humane Values

Abstract

Narcotics abusers for themselves are guaranteed rehabilitation, but in Article 127 of Law No. 35 of 2009 concerning Narcotics, narcotics abusers also become subjects who can be punished and can lose their rehabilitation rights, unless they can be proven to be victims of narcotics. The purpose of this study was to find out the Weaknesses of the Implementation of Medical and social rehabilitation and to reconstruct the Humane-Based Medical and Social Rehabilitation of Victims of Narcotics Abuse. This research uses socio-legal research as an effort to understand the law in context with the constructivist paradigm. The results of the study show that the weaknesses in the implementation of medical and social rehabilitation for victims of narcotics abuse can be seen in that narcotics abusers and non-dealers receive criminal sanctions in the form of imprisonment and fines for their actions. Article 127 and Article 103 of Law no. 35 of 2009 concerning Narcotics stipulate that a judge "can" decide to place the user to undergo rehabilitation where the rehabilitation period is also counted as a sentence period where such a system in criminal law is known as the Double Track System. Starting from the notion that punishment is essentially only a tool to achieve the goal of punishment, then in the new narcotics criminal concept, first of all, the purpose of punishment is formulated. Efforts to reconstruct the implementation of medical and social rehabilitation for victims of narcotics abuse based on human values can be carried out by reformulating the norms of Law Number 35 of 2009, specifically regarding the position of narcotics abusers through setting suitable types of sanctions and providing benefits according to their work and affirming the purpose of the article on the qualifications of an offense other narcotics crimes whose elements can be fulfilled automatically when a person abuses narcotics for himself.