KEBIJAKAN PEMIDANAAN DAN REHABILITASI BAGI PENYALAHGUNA NARKOTIKA

Abstrak

The impendence of imprisonment for abusers in the Narcotics Law indicates that narcotics abusers as perpetrator of criminal act. Judges in examining and deciding narcotics abusement cases, especially in imposing conviction and / or rehabilitation decisions, have an important role in the prevention and eradication of narcotics crime. Judges were variant in making decisions for narcotics abusers, this is also related to the arraignment of the public prosecutor. The problem in this study is focused on whether punishment is necessary for narcotics abusers. The approach method used is the normative juridical method and the research specification was carried out with analytically descriptive. The main data source used was secondary data, using data collection techniques through literature study. Data analysis was carried out prescriptively with the statutory approach. Convictions for narcotics abusers potentially become repetition of the criminal act in terms the abusers could become an addict or even as drug dealer. Narcotics abusers are people in sickness which need recovery through medical and social rehabilitation, not imprisonment or deprivation of liberty which could contribute to the narcotics crime improvement and overcapacity of jails or prisons. Abusers obtain the value of justice through medical and social rehabilitation, so that the rights guaranteed in the constitution are fulfilled.