The Parameters of Narcotics Users in Jurisdical Formulative Policies at the Justice Stage

Abstract

This research aims to examine and analyze the parameters of narcotics users in juridical formulaic policies at the judicial stage with implications for legal sanctions. In this paper, the author uses a normative juridical method with a writing specification in the form of descriptive analysis. Based on the discussion, there are 3 (three) classifications, namely: abusers, addicts, and victims. Because the Narcotics Law does not clearly classify, then the abusers, addicts and victims are still generalized. The Narcotics Law does not clearly regulate the difference between narcotics dealers and users of narcotics for their own consumption. The provisions in the Narcotics Law only regulate the threat of criminal sanctions that are aggravating, not as a different crime. In Act No. 35 of 2009, the provisions regarding narcotics abuse for oneself are regulated in Article 127. Article 54 and Article 55 regulate the obligations of narcotics addicts and victims of narcotics abuse to undergo medical rehabilitation and social rehabilitation as well as the obligation to report to public health centers, hospitals, and/or medical rehabilitation and social rehabilitation institutions for narcotics addicts and/or parents/guardians for underage drug addicts. Acts in the form of possessing, storing, controlling or providing narcotics and narcotics precursors (Articles 111 and 112 for narcotics class I, Article 117 for narcotics class II and Article 122 for narcotics class III and Article 129 letter a).