LEGAL REVIEW AGAINST NARCOTICS ADDICTS PERSPECTIVE OF JUSTICE-BASED REHABILITATION

Abstract

Prison sanctions for narcotics addicts cause prisons to be over capacity because narcotics addicts are easily caught, because the suspect is in a state of addiction. After leaving prison they will definitely become recidivists if they do not receive rehabilitation. The aim of this research is to find out and analyze the construction of regulations for narcotics addicts based on positive law and to find out and analyze law enforcement for narcotics addicts from a rehabilitation perspective based on justice values in the future. This legal research uses an empirical legal research approach. The construction of regulations for narcotics addicts based on Law Number 35 of 2009 concerning Narcotics regulates rehabilitation. Which is stated in Article 54 which reads "Narcotics Addicts and Victims of Narcotics Abuse Must Undergo Medical Rehabilitation and Social Rehabilitation". The provision of sanctions in the form of rehabilitation by the Indonesian government does not mean that narcotics abusers and addicts are free from criminal responsibility. Because after all, Article 103 paragraph (2) of Law 35 of 2009 concerning Narcotics states that the period undergoing rehabilitation for Narcotics abusers or addicts is counted as the period serving their sentence. Law enforcement of narcotics addicts from a perspective of justice-based rehabilitation in the future. Observing developments in several countries, a new paradigm has emerged in viewing narcotics users/addicts who are no longer seen as evil (criminal) behavior but as people suffering from chronic diseases who must receive treatment and recovery in stages. This paradigm then creates a new policy in dealing with victims of narcotics users who are no longer processed legally, but directly take users/addicts to rehabilitation centers.