Abstract
The purpose of this paper is to review and analyze the juridical review by the prosecutor in criminal procedural law. In this paper the writer uses the normative juridical method. In the conclusion of the discussion that in handling narcotics cases, especially offenders who are more emphasized as victims or addicts, judges in Indonesia can be said to rarely make legal breakthroughs that emphasize social values and humanity that live in society. Judges in Indonesia only see the criminal side in the Act regardless of the negative effects of the decision, the result is that imprisonment is only seen as providing a deterrent effect to the perpetrator of a criminal act. According to the Narcotics Law, victims of narcotics users are sentenced to imprisonment because drug users are classified as criminal offenders. This contradicts the legal theory of victimology. Several countries have proven that decriminalization policies have an effect on reducing narcotics abuse. The optimum model of punishment for victims of narcotics users is a process outside the legal process, in which all victims of narcotics users report themselves to be rehabilitated. Meanwhile, for those who did not report themselves, the police and / or BNN made arrests and were immediately escorted and handed over to the rehabilitation.
Highlights
The Indonesian nation is actively carrying out development
Even though it is obligatory to rehabilitate, the punishment applied to victims of drug users is still in the form of imprisonment.Based on the above background, the writer needs to analyze with the research objectives, namely to analyze the optimal criminal law concept for narcotics users in Indonesia as guidelines for law enforcement officers in handling drug abuse crime
The pattern of social use is the use of drugs for social purposes and the desire to be recognized by the group
Summary
The Indonesian nation is actively carrying out development. The rapid growth and progress of the development of people's lives as a result and process of the implementation of development in all fields of social, political, economic, security and cultural life has brought negative impacts in the form of increasing the quality and quantity of various kinds of crimes which are very detrimental and unsettling to society. Several incidents caused by drug abuse make people feel concerned, such as the accident by Afriyani which resulted in nine people dying, the arrest of the pilot consuming shabu-shabu, and police officers who are known to be drug users These are some examples of cases that have troubled the community.[6] In line with the increasing abuse of narcotics, the government has made efforts to crack down on syndicates and dealers by providing severe penalties, even up to the death penalty. According to a juridical perspective, drug users cannot be categorized as criminals because the nature of a crime must cause a victim and the victim is someone else (an act must take place that involves harm inflicted on someone by the actor) This view leads to the understanding that drug users are a form of crime without victim. Even though it is obligatory to rehabilitate, the punishment applied to victims of drug users is still in the form of imprisonment.Based on the above background, the writer needs to analyze with the research objectives, namely to analyze the optimal criminal law concept for narcotics users in Indonesia as guidelines for law enforcement officers in handling drug abuse crime
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