Narcotics Law Research Articles

The Effectiveness of The Recommendations Of The Integrated Assessment Team (TAT) of The National Narcotics Agency of Bali Province as A Judge's Consideration In Granting Drug Case Decisions

This study aims to analyze the procedure and effectiveness of the recommendations provided by the Integrated Assessment Team (TAT) of the National Narcotics Agency of Bali Province in determining rehabilitation for narcotics abusers. The research employs a normative legal method, incorporating a statute approach, case approach, and conceptual approach. The findings indicate that the TAT, consisting of a legal and medical team, conducts assessments to provide rehabilitation recommendations for narcotics abusers. The recommendations serve as evidence in court to help judges decide on rehabilitation for narcotics abusers, victims, and addicts. The research, which analyzed 10 narcotics cases, reveals that in 9 cases, the judges considered TAT’s recommendations when issuing their verdicts. However, the judges' decisions did not always align with the content of the recommendations. This demonstrates that while the TAT's recommendations are effective in influencing judicial decisions, full alignment between recommendations and verdicts is not guaranteed. The study concludes with a suggestion for stronger inter-agency commitment to ensure that TAT’s recommendations are consistently applied in legal proceedings. Additionally, it proposes the inclusion of norms related to integrated assessments in future revisions of Indonesia's Narcotics Law.

Kegiatan Pengabdian kepada Masyarakat Penanggulangan Pengguna Narkoba di Desa Cibadak Kecamatan Cikupa Kabupaten Tangerang

Indonesia is a State of Law, this is stated in the explanation of the 1945 Constitution which states that; "The Indonesian state is based on law and not based on mere power." Law is a rule or regulation that regulates society. All behavior and actions of its citizens must be based on law, therefore, Indonesia is a country of law, obliged to carry out legal functions consistently as a means of upholding justice. As times progress, of course crime becomes more developed and organized. One of the problems that often comes to the surface in people's lives is crime in general, as currently we often encounter delinquency in the form of narcotics abuse. In Article 1 Paragraph 1 of Law of the Republic of Indonesia Number 35 of 2009 concerning NARCOTICS, the meaning of narcotics, namely substances or drugs derived from plants, either synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of taste, reduce or eliminate pain, and can cause dependence, which are differentiated into groups as attached in the Law - The Narcotics Law is often used outside of medical and scientific purposes, which in the end will become a danger for the user, which in the end can also have an influence on the social order of the people of the nation and state. Combating narcotics abuse is not an easy thing to implement but the state is determined to eradicate it. Narcotics abuse covers all levels of society, including poor, rich, old, young and even children. Narcotics abuse has increased from year to year, which ultimately harms the nation's future cadres. One of the efforts made by the government to tackle the narcotics problem is through improvements in legal regulations. This improvement is very necessary because the influence of narcotics is very large on the survival of a nation.

Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases

The escalating trend in drug abuse, particularly among the youth, necessitates a unified approach from all law enforcement entities to address this shift in paradigm. It is essential to view drug addicts and victims of drug abuse not only as perpetrators but also as victims, warranting the incorporation of rehabilitation as an alternative form of punishment. The severity of narcotics crime in Indonesia poses a profound threat not only to individual health both physical and mental but also to societal well-being and national development, potentially compromising state security and sovereignty. This paper explores the enforcement of narcotics law in Indonesia as dictated by Law Number 35 of 2009 and examines the application of restorative justice, a concept often referred to in criminal law enforcement, which emphasizes recovery and atonement for the perpetrator or their family towards the victim, facilitating out-of-court reconciliatory efforts. By examining the legal sociological perspective, this research advocates for resolving narcotics-related criminal cases through means that prioritize restoration over retribution. It argues for a restorative justice approach, where the focus shifts from imprisonment to alternatives like medical and social rehabilitation, aiming for a resolution that restores harmony and agreement between involved parties, thereby aligning legal outcomes with societal values and needs.

An Overview of Drug-Related Criminal Acts as Extraordinary Crimes in Indonesia

Indonesia is a nation that has unfortunately become a target for drug trafficking, resulting in a growing number of drug-related crimes each year. To address drug crime in Indonesia, the government has issued Law No. 35 of 2009 on Narcotics and Law No. 5 of 1997 on Psychotropic. The Indonesian government's efforts to eradicate drugs crime have not been successful. This study employs a qualitative research design with a normative approach. Our study revealed that law enforcement has been considereed optimal due to the government's establishment of the National Narcotics Agency (BNN) as a specialized, independent institution with broader authority than other law enforcement agencies. The 2009 Narcotics Law, specifically Law No. 35, establishes strict penalties for drug abuse, which can include imprisonment, additional punishment, or even the death penalty

The Urgency of Narcotics Law Certainty in Indonesia After the Ratification of the Single Convention for Medical Purposes

The Urgency of Narcotics Law Certainty in Indonesia After the Ratification of the Single Convention for Medical Purposes

Efforts to Legalize Cannabis for Medicine, Reviewed from Legal Sociology

<p class="TableParagraph"><em>Indonesia as a country that adopted the 1961 Single Convention on Narcotics and the Protocol that changed it, refers to Political principles. Which was ratified by Law No. 35 of 20009 concerning narcotics. Narcotics abuse is prohibited and threatened with imprisonment as well as narcotics addicts who do not report to recover are also threatened with criminal punishment, but the coercive effort and punishment are in the form of rehabilitation. Modern medicine is a method of treatment that is carried out based on scientific research and based on knowledge from various aspects, medical treatment uses several applied scientific disciplines in treating a disease, the way of examining and diagnosing diseases is more accurate. The problem in this study is how can the potential legalization of cannabis for treatment be realized in Indonesia? How can the legalization of marijuana for treatment be applied in Indonesia? The objectives of this research are. To find out and analyze whether the potential for legalization of cannabis for treatment can be realized in Indonesia. The research method used is a normative research method through a library research approach or a literature review method using the analytical descriptive writing method. From the results of the data collected from the laboratory research.</em></p><p class="TableParagraph"><em>The results of the study show that. The legalization of marijuana for treatment can be realized in Indonesia in terms of existing laws, in Law No. 35 of 2009 Health Law No. 17 of 2023 article 139. Judging from the benefits, the Narcotics Law and the Health Law, and Islamic religious law are allowed, which through mechanisms or exceptions under certain conditions are allowed, and also from sociology of society there are also marijuana used in daily life. In the application or implementation of the legalization of marijuana for treatment, there are several factors that hinder the legalization of marijuana for treatment, the Convention</em></p>

Legal Review in Indonesia Positive Law Concerning Marijuana Use for Medical Purposes

The legalization of marijuana varies across countries, with some prohibiting its use while others are starting to legalize it for medical purposes. Despite its potential therapeutic benefits, marijuana use is often stigmatized due to concerns about addiction. In Indonesia, marijuana is classified as a Class I narcotic, prohibiting its use for medicinal purposes under Law Number 35 of 2009, which restricts access to medical marijuana and raises human rights issues for individuals seeking necessary treatments. This study aims to analyze the potential benefits of legalizing medical marijuana in Indonesia and propose regulatory changes that align with the evolving needs of society and human rights principles. The research method used is a normative legal research method, involving the analysis of legal documents, literature reviews, and interviews with experts in law and health to evaluate the impact of regulatory changes on medical marijuana use. The findings suggest that appropriate legal reforms can reduce stigma, ensure access to treatment, and uphold the right to health without the threat of criminal penalties. Therefore, revising narcotic laws to allow the use of marijuana for medical purposes with proper regulations is crucial to provide those in need of treatment the opportunity to access marijuana legally without fear of criminal punishment, and to help reduce the stigma associated with its use.

Successful Decriminalization of Narcotics Abusers in Thailand

The aim of this research is to compare the concept of decriminalization of narcotics abusers in Thailand and Indonesia, and determine the best concept that can be implemented in Indonesia because decriminalization in Indonesia has not been effective.The type of research used is pure normative legal research, with a comparative approach. The results of Thailand's research in changing policies for decriminalization followed by changes to law enforcement and the criminal justice system, this is very different from our country. The lack of clarity in the legal substance, in this case the Narcotics Law, is the main reason for the failure to implement decriminalization for narcotics abusers. No less important is the culture of law enforcement and society in viewing the decriminalization of narcotics abusers in Indonesia which hinders rehabilitation efforts for narcotics abusers. Different from Thailand, because overcoming narcotics abusers is Thailand's national development agenda, the War of Drugs is carried out with drug control and support from the local community, thereby changing the culture of viewing narcotics abusers as patients, not criminals, which is also accompanied by the construction of rehabilitation facilities and infrastructure in each region. where this has not been done by the government of our country.

Decriminalizing Marijuana Use as an Alternative Medical Treatment

The discourse surrounding the legalization of Class I narcotics, particularly marijuana (Cannabis Sativa), as one of the alternative medical treatments, has been continuously debated for the past few years. Various studies have been advancing with technological progress, prompting some other countries to start legalizing marijuana for medical purposes with certain restrictions. In Indonesia, there is a clear law, namely Law Number 35 of 2009 concerning Narcotics, which imposes restrictions and prohibitions on the use of various narcotics. Violators of these regulations are subject to criminal sanctions. In this legal research, the author will conduct a literature study using a statutory approach, which involves examining all relevant laws and legal regulations related to narcotics and the legality of the policy on the use of Class I narcotics as alternative medical treatments, such as the 1945 Constitution of the Republic of Indonesia (UUD 45), Law Number 35 of 2009 concerning Narcotics, Law Number 17 of 2023 concerning Health, and Law Number 39 of 1999 concerning Human Rights. The research findings indicate that juridically, the Narcotics Law, especially Article 6 paragraph (1) letter a and Article 8 paragraph (1), prohibits the use of Class I narcotics for medical purposes, which is clearly contradictory to Article 28C paragraph (1) of the 1945 Constitution where every person has the right to develop themselves through the fulfillment of their basic needs, the right to education, and to benefit from science and technology, arts, and culture, for the purpose of improving their quality of life and the welfare of humanity. Furthermore, the Health Law does not specifically regulate the use of marijuana for medical purposes, but only addresses general regulations regarding the use of narcotics. It is hoped that the results of this research can become a reference for policy makers to legalize the use of marijuana as an alternative treatment.

The Criminal Proof Mechanism for Gorilla Tobacco-Type Drug Crimes Under Guideline Number 11 of 2021 in Indonesia

<p>This study explores the legal intricacies of drug crimes involving substances like Gorilla Tobacco under Indonesia's Narcotics Law, aiming to address disparities in penalty severity. Employing legal normative methods, conceptual approaches, and statutory analysis, it examines key provisions of the law, particularly the proving mechanism for Gorilla Tobacco offenses and the significance of Guideline No. 11 of 2021. Emphasizing the need to standardize evidence calculation and suspect qualifications for a fair legal foundation, the research highlights the complexities in investigating and prosecuting Gorilla Tobacco-related crimes. It underscores the importance of international collaboration and community involvement in addressing these challenges. Through structured analysis, this study provides valuable insights into the evolving mechanism of criminal proof for Gorilla Tobacco offenses, advocating for fairness and effectiveness within the criminal justice system. The incorporation of Guideline No. 11 proves pivotal in this pursuit, offering a balanced response to the dynamic nature of drug-related crimes and the evolving legal landscape in Indonesia.</p>

Disparity of Criminal Implementation against Class I Narcotics Criminal Offenders

This research aims to analyze the occurrence of disparities in the application of criminal offenses against perpetrators of class I narcotics crimes in ten criminal decisions at the Mataram District Court, including how there are disparities in criminal decisions for perpetrators of class I narcotics crimes, how judges consider in deciding class I narcotics crime cases. The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The types of legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials using qualitative analysis. The results of the research show that the disparity in criminal decisions for perpetrators of category I narcotics crimes occurs as a result of the legal culture that colors the course of law enforcement, where in practice there is a condition where there is no unified law in terms of Sentencing Guidelines for sentencing in court. Mataram country, apart from that, there is the potential for a clash of legal norms between articles in the Narcotics Law regarding the formulation of a strict and clear separation between the roles of narcotics abusers and dealers in articles 111 - up to 127. Then it is up to the judge's consideration in making a decision at the Mataram energy court in casu is based on 2 main factors, namely: firstly, the Judge's decision is greatly influenced by the magnitude of the Prosecutor's demands, secondly, the Judge's Confidence Factor which arises from the evidence of the trial facts.

Penggunaan Teori Argumentasi terhadap Penegakan Hukum Pecandu dan Penyalahgunaan Narkotika

Law enforcement against drug crimes is mostly done by law enforcement agencies, and offenders convicted by the courts serve sentences in prisons. Law enforcement is not a definitive action, but the implementation of a definitive action, namely the application of a right to an event, which can be likened to drawing a straight line between two points. Normative legal research is carried out to produce arguments, theories or new concepts as prescriptions in solving the problems faced. The substance of the narcotics law has not provided a clear picture of the application of the law to drug users who use drugs for themselves, who qualify as drug addicts and victims. Law enforcement against drug addicts and users according to Law Number 35 of 2009 concerning Narcotics includes non-penal policy countermeasures, namely pre-emptive (counseling) and preventive (prevention) efforts. Penal policy countermeasures focus more on repressive actions (direct enforcement). Repressive (direct enforcement) carried out by the Police to provide a deterrent effect for perpetrators of drug crimes. There are 2 (two) obstacles faced by the Muna Resort Police Drug Unit, namely non-penal policy barriers and penal policy obstacles.

Non Penal Policy to Reduce The Rate of Narcotics Crime Through a Double Track System

This research will analyze the problems contained in the implementation of the double track system for narcotics crimes using Lawrence M. Friedman's legal system theory. The author uses normative legal research with a conceptual approach and deductive method accompanied by supporting data to produce a comprehensive and critical analysis to answer the problem. The purpose of this research is to find problems in the use of the double track system in narcotics crimes using Friedman's legal system theory, this is done because in Friedman's legal system theory will divide through three aspects, namely legal substance, legal structure, and legal culture in narcotics crimes. Based on the results of the research, the legal substance problem in narcotics crime is the existence of strict liability which can cause overcriminalization so that depenalization, decriminalization, and diversion policies are needed in the Narcotics Law. In addition, there is a tendency for judges in deciding narcotics cases to only use imprisonment without accompanying it with rehabilitation. In the legal structure, there are problems in the form of a lack of drug rehabilitation facilities, the strong retributive influence so that imprisonment is the main answer in dealing with problems, abuse of power committed by law enforcers, and imprisonment which is a criminogenic factor for narcotics crimes. While the problems in legal culture are stigmatization by the community, the need for confidentiality of identity, the influence of the surrounding environment, and the level of education and employment affect the incidence of drug crimes.

Legal Protection of Children of Narcotics Abusers with A Restorative Justice Approach

This thesis examines the involvement of children in narcotics crimes. This research aims to examine the suboptimal implementation of the Restorative Justice process for children who are perpetrators of narcotics crimes. The effectiveness of prison sentences for children who abuse narcotics is weakened when the responsibility for their rehabilitation is not borne by law enforcement officials. The problems in this research include two main questions regarding what existing regulations relate to legal protection for children involved in drug abuse and how the application of Restorative Justice methods can improve legal protection for children involved in drug abuse. The research methodology used in this research is normative juridical, with qualitative descriptive data analysis techniques. Research findings show that legal protection for children involved in drug abuse in Indonesia is realized through the implementation of the Juvenile Criminal Justice System Law, the Narcotics Law, and the Child Protection Law. Problem solving for minors involved in drug abuse must be based on the principles of restorative justice, which emphasizes restoration of their original condition, and not imprisonment as a form of retaliation. From the perspective that the incorporation of a restorative justice framework must become an integral part of the criminal justice system, it is important to consider the restorative approach as a new paradigm that offers greater effectiveness compared to the punitive strategies used in dealing with cases of child drug abusers.

Blocking of Other Party's Account Used by Suspect of Money Laundering Crime in Narcotics Case

This study aims to analyze the action of blocking accounts of other parties used by suspects of money laundering crimes in narcotics cases. The research adopts a normative legal approach with a descriptive nature. The focus of this study is on the process and legal implications of blocking accounts of other parties in narcotics cases involving money laundering. The legal approach in this research includes analyzing relevant laws and understanding related legal principles. The findings of this study will provide insights into the practice of blocking accounts in the context of narcotics law enforcement and money laundering, as well as its implications within the criminal justice system. The conclusion of this research will offer a better understanding of how the process of blocking accounts of other parties can contribute to the effective handling of narcotics and money laundering cases.

Cannabis use, health problems, and criminal offences in Germany: national and state-level trends between 2009 and 2021.

The German federal government plans to decriminalise cannabis. The impact of this policy on use prevalence, cannabis-related health and legal problems cannot be fully anticipated and should be viewed in context with current trends. We used routine data on (a) cannabis use (population-based surveys), (b) cannabis-related diagnoses (ICD-10 code F12) in outpatient medical settings and (c) minor law offences (registered violations against the narcotics law for possessing small amounts) to analyse age and sex-specific trends by federal state between 2009 and 2021. To enable comparisons across time and federal state besides crude prevalence rates, age-standardised rates were calculated. Between 2009 and 2021, the age-standardised prevalence of cannabis use (5.7-10.6%), rate of diagnoses (1.1-3.7 per 1,000), and legal offences (1.8-3.1 per 1,000) increased, with the largest increase noted for cannabis-related diagnoses. Relatively, increases were most pronounced for older users (40-to-59-year-olds: use and offences; 35-to-44-year-olds: cannabis-related diagnoses) and rather stagnant for minors. Cannabis use and health problems appear to be more pronounced in Northern and city states, while no clear geographic trend was observed for law offences. Cannabis-related outpatient treatment demand has risen more steeply than use prevalence suggesting an increasing challenge for the health care system. Despite rising rates for documented offences, the long-term implications of law violations on social and occupational life are poorly understood but may be considered for evaluations of the proposed law changes.

Challenges and Reforms in Pakistan's Narcotics Law: A Critical Analysis of the Control of Narcotics Substances Act 1997

This research article examines the complex and diverse obstacles encountered by narcotics law enforcement and justice in Pakistan, as governed by the Control of Narcotics Substances Act (CNSA) of 1997. The study highlights key concerns, such as elevated rates of acquittal, inefficiencies within the system, and a backlog of cases in drug courts, emphasizing the necessity for comprehensive reforms. Furthermore, the article emphasizes the significance of tackling judicial corruption, enhancing human rights organizations, and implementing sophisticated reforms in sentencing and punishment to attain a fairer administration of justice. The research highlights the significance of diverse resources, such as enhanced investigative tools and police training, augmented resources for prosecutors, and the utilization of technology in law enforcement. Furthermore, it promotes the implementation of community-based initiatives to deter drug abuse and addiction, while emphasizing the essential role of research in guiding successful approaches. The author also proposed solutions that seek to achieve a harmonious equilibrium between the enforcement of laws and the administration of justice, thereby ensuring a more effective, equitable, and responsible approach to narcotics cases.

ANALISIS PERBUATAN MENGHALANGI PROSES PENYIDIKAN, PENUNTUTAN DAN PERADILAN (OBSTRUCTION OF JUSTICE) DALAM SISTEM PIDANA DI INDONESIA

ABSTRACT
 Obstruction of justice or what is betterly known as the acts of obstructing to the judicial process is a type of crime because its action is considered to hamper the law enforcement system and damage to the image of law institutions. The obstruction of justice aims to obstruct or have effect to pervert the legal process and to disrupt the proper function of a judicial process. Another definition of obstruction of justice is an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threatening witnesses, inappropriate conversations with the jury (judge), hiding evidence, or interfering with the arrest process. Therefore, the obstruction of justice is considered as any types of intervention to the entire legal and justice process from beginning till ending. Therefore, the obstruction of justice is categorized as a type of criminal acts of the contempt of court.
 The criminal law system of Indonesia normatively regulates acts of obstructing the justice process in many regulations, both generally in the penal code and the specific criminal laws that regulate the eradication of corruption, the eradication of terrorism, the eradication of human trafficking, prevention and eradication of money laundering and narcotics law. The point that needs to be paid attention to regarding acts of obstructing the judicial process in the penal code is that of many articles that can be analogous as the acts of obstructing the judicial process, there are 2 (two) articles that clearly state the elements of preventing, obstructing, thwarting, causing trouble, obstructing the judicial process. The same elements have also been regulated in the articles which constitute as the acts of obstructing to the judicial process in the specific criminal laws.
 Keywords: the acts of obstructing to the judicial process, Criminal System of Indonesia

The Politics Of Narcotics Law In The Reconstruction Of The Authority Of Institutions Providing Rehabilitation For Narcotics Addicts

Narcotics Law and its derivative regulations do not yet clearly indicate the leading sector for implementing rehabilitation. The construction of the regulations contained in the Law delegates the implementation of rehabilitation to sectoral ministers which causes the rehabilitation program to become a sectoral ministry program and has not demonstrated good inter-sector linkages and cooperation in its implementation. The construction of this kind of arrangement has the potential to reduce rehabilitation to just a ministerial program and lose the big picture that the Narcotics Law aims to achieve. This type of research is normative research used a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively qualitatively. This research produces findings that the Government has attempted to make regulations that guarantee Health for its citizens with the mandate of the 1945 Constitution. Various efforts have been made to create a special law on narcotics and revise the law. Law Number 35 of 2009 concerning Narcotics (Narcotics Law) distinguishes between dealers, sellers and dealers and narcotics addicts, because addicts may be considered victims of dealers or sellers who abuse these narcotics. Rehabilitation, both medical and social, is an institution that has an important role in carrying out the mandate and objectives to be achieved by Law 35/2009, namely ensuring the regulation of medical and social rehabilitation efforts for narcotics abusers and addicts

Juridical Analysis of Narcotics Abusers from a Restorative Justice Perspective (Research Study at the Directorate of Drug Investigation at the Riau Islands Regional Police)

Sanctions against drug users in the form of punishment with imprisonment which causes the inability of prisons to accommodate drug users, so that law enforcement makes policies by applying the concept of restorative justice to drug abuse crimes without submitting to the Court as a policy. This study aims to determine the application of the concept of restorative justice carried out by police investigators to drug abuse crimes. This study uses a descriptive method with a normative approach (legal research) to obtain secondary data and an empirical approach (sociological juridical) to obtain primary data through field research at the Ditresobat Polda Kepri. The results showed that the legal regulation of the application of the concept of restorative justice to narcotics abusers carried out by the National Police of the Republic of Indonesia has been regulated in the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice and SEMA Number 4 of 2010 concerning Placement. Abuse of Abuse Victims and Drug Addicts into Medical Rehabilitation and Social Rehabilitation Institutions. In the application of restorative justice, it is sufficient to be applied in the law enforcement process of drug abusers.The act of carrying out rehabilitation at the investigation level by solving cases of drug abusers is very good and worthy of being regulated in the Narcotics Law, For this reason, it is expected that the government and the DPR will make changes to Law Number 35 of 2009 concerning Narcotics.