Position Foreign Citizens Who Are Deported As A Criminal Acts On Narcotics Abuse

Abstract

The objectives to be achieved in writing this research are to find out and analyze the legal protection of foreign nationals who were deported due to involvement in the crime of narcotics abuse in Indonesia and to find out and analyze the position of foreign nationals who must be deported due to being involved in criminal acts of abuse and illicit drug trafficking in Indonesia. Indonesia in legal construction and according to the perspective of Islamic law. The research method used is normative juridical. In Act No. 6 of 2011 concerning Immigration and Act No. 35 of 2009 concerning Narcotics, foreign nationals who have been expelled or deported for committing narcotics crimes are entirely prohibited from re-entering the territory of the Republic of Indonesia and foreign nationals who have committed narcotics crimes. Narcotics crimes or Narcotics Precursor criminal acts abroad are also prohibited from entering the territory of the Republic of Indonesia. In this case deportation is carried out for all foreign nationals regardless of their background as drug dealers or users. The author considers that there are weaknesses in the law and assesses that there are injustices and wasted opportunities for foreign nationals who were carried out by the deportation. It should also be necessary to look at and assess the benefits of the existence of these foreign nationals for the Nation and State, meaning that if a foreign citizen who commits a Narcotics Crime and is only a user and his presence in Indonesia has a contribution to the State, it is sufficient to undergo imprisonment and not with additional punishment in the form of deportation. Meanwhile, in the perspective of Islamic law, there is no drug terminology. Only Narcotics are equated with the actions of Khamr. So it can be concluded that the legal status of narcotics is equated with the legal status of khamr.