The Ideal Criminal Model for Victims of Drug Users in Indonesia

Abstract

This study aims to determine the ideal punishment model for victims of drug use in Indonesia as a guideline for law enforcement officials in handling drug abuse crimes. This research is a doctrinal and non-doctrinal legal research. The data used are primary data and secondary data. Secondary data consists of primary, secondary and tertiary legal materials. Data collection techniques include observation, in-depth interviews, focus group discussions, distribution of questionnaires, and literature study. Data analysis techniques using qualitative normative analysis methods and interactive analysis models. The results of the study show that the application of imprisonment for victims of drug use according to the Narcotics Law who are classified as perpetrators of criminal acts is contrary to the legal theory of victimology. The ideal sentencing model for victims of drug use is a process outside the legal process, namely all victims of drug use report themselves for rehabilitation. Meanwhile, for those who do not report themselves, the police and/or the National Narcotics Agency (BNN) make arrests, immediately escort them and hand them over to the rehabilitation center not paid is replaced with imprisonment for 1 (one) month.
Keywords: Drug; Punishment; Rehabilitation; Victims.