Legal Reconstruction of Narcotics Abuser Based on the Value of Benefit

Abstract

The purposes of this study are to analyze and find the weaknesses of the Law on Narcotics Abuser in Indonesia Currently and How is the Reconstruction of the Law on Narcotics Abuser based on Benefit Value in a research that uses an Normative-juridical approach where The data collection method used is sourced from secondary data and primary data which was carried out using qualitative analysis methods. The results of the study show that the Weaknesses of the law on narcotics abuser are in the list of the grade of the narcotics contained in the narcotics law that are not up to date as some of the narcotics in the list have been removed in various countries such as Cannabis. This problem not only causes Cannabis Abuser Prisoned although their position should be as “victim” but also one of the factors that causes Overcrowding in Prison in Indonesia. The reconstruction as intended by the author are not in the form of substantial law reconstruction but rather a structural law reconstruction where the Narcotics Law Article 8 (2) which states that In limited quantities, Narcotics Category I can be used for scientific development purposes knowledge and technology and for diagnostic reagents, as well as laboratory reagents after obtaining Minister's approval on the recommendation of the Head of the Agency Food and Drug Supervisor need to be upheld higher and if necessary to add an extra paragraph in the law to appoint the ministry of health together with National Narcotics Bodies to create a Joint Research Bodies that are obliged to conduct research related to the use of narcotics. By using this approach, not only the law’s narcotics list of grade can be justified and are up to date, the overcrowding problem in the prison can be minimized.