Legal Reconstruction of Underaged Drug Abuser Rehabilitation Based on Justice Value

Abstract

The purpose of this research is to analyze and find the weakness in the regulation of rehabilitation for underaged narcotics abusers and how to reconstruct the law based on Justice Value. This study uses a constructivism paradigm with a sociological juridical approach to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field as well as qualitative descriptive methods, namely where the data obtained are then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. Based on the research it can be seen that the ideal Legal protection for children as narcotics abusers has not been achieved yet because there are still found cases where children who abuse narcotics are punished with imprisonment because of the law on child protection and the law on narcotics does not see in eye-to-eye regarding child narcotics abusers as the law on narcotics still treat Underaged Drug Abusers the same as adult. Therefore, it is necessary to carry out legal reconstruction in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics concerning General Provisions of Article 1, Article 103 where the provisions become, the addition of paragraphs in Chapter I on General Provisions in Article 1 so that Article 1 consists of 23 reconstruction paragraphs included in Article 1 paragraph (16), namely Children who are Victims of Narcotics Abuse, are children who are persuaded, deceived, cheated, forced, and/or threatened to use narcotics, alcohol, psychotropic substances, and other addictive substances. Article 103 becomes (1) Judges who examine cases of Narcotics Addicts are obliged to: a. decide to order the person concerned to undergo treatment and/or treatment through rehabilitation if the Narcotics Addict is proven guilty of committing a Narcotics crime; or b. stipulates to order the person concerned to undergo treatment and/or treatment through rehabilitation if the Narcotics Addict is not proven guilty of committing a Narcotics crime; c. In the event that a child commits an act of planting, maintaining, possessing, storing, controlling, or providing Narcotics Category I, II, II, he/she is obliged to obtain a rehabilitation decision; d. The rehabilitation of children who abuse narcotics is carried out in accordance with applicable laws and regulations.