Abstract
Efforts to prevent, protect and save the Indonesian people from the abuse of Narcotics as intended by The Law Number 35 of 2009 concerning Narcotics are carried out through rehabilitation. The rehabilitation can release users from dependence and reduce the danger of disease for addicts and victims of abuse. The existence of rehabilitation is essentially the protection of human life and basic rights to health. It is in accordance with human values ??and legal objectives, namely to provide justice, benefit and legal certainty. These values ??are the basis for consideration that rehabilitation needs to be mandatory for addicts and victims of narcotics abusers. The overcoming narcotics crime by imposing imprisonment on addicts and victims of narcotics abuse certainly cannot break the chain of narcotics abuse. However, in practice, not all addicts and victims of narcotics abusers receive rehabilitation sanctions. The majority of the demands of the public prosecutor against the defendant are imprisonment, and only a few are demanding the imposition of rehabilitation, as well as the judge's decision. This is the evidence that the public prosecutor rarely demands rehabilitation for narcotics defendants. The existence of legal counsel and expert testimony is seen significant in influencing the judge to give a rehabilitation decision. This study will discuss on: 1) Analysis of judge's decisions for addicts and victims of narcotics abusers and 2) Reconstruction of rehabilitation arrangements in the narcotics law in the future. This research is normative juridical research examining various regulations regarding rehabilitation for addicts and victims of narcotics abusers as well as court decisions related to this problem. The legal materials used are analyzed qualitatively and presented in an analytical descriptive manner.
Highlights
The Law Number 35 of 2009 concerning Narcotics basically provides legal construction in rehabilitation policies in Indonesia
The weighting of the sentence given to a repeater becomes an excuse for someone to repeat a crime again, this is to prove that the prisoner has a bad character because it is considered very dangerous for security and public order. The repetition of this crime shows the failure of rehabilitation and the lack of intention of addicts and victims of narcotics abusers to improve their quality of life
Rehabilitation is a policy that is implemented from the principles of humanity and justice
Summary
The Law Number 35 of 2009 concerning Narcotics basically provides legal construction in rehabilitation policies in Indonesia. In the elaboration of the construction of norms in Law Number 35 of 2009 concerning Narcotics, there is a clash between the criminal and health approach This condition can be seen from the fact that there are still many addicts and victims of narcotics abuse who are not rehabilitated but are sentenced to imprisonment. The judge's authority to require rehabilitation as regulated in Article 127 of Law Number 35 of 2009 concerning Narcotics and the Attachment to the Decree is lex imperfecta (a provision that does not contain sanctions) This condition will lead to several juridical consequences in which the judges tend to "trade" the rehabilitation decisions to addicts and victims of narcotics abuse. Two problems will be discussed, namely: 1) Analysis of judge's decisions for addicts and victims of narcotics abusers and 2) Reconstruction of rehabilitation arrangements in the narcotics law in the future
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