Reformulation of Law Harmonization that is Fair and Useful for Narcotics Abusers

This research aims; 1. To analyze and study the harmonization of narcotics abusers in a fair and beneficial manner in Indonesia, 2. To analyze and examine the regulation of narcotics abusers which can guarantee fair and beneficial laws in Indonesia, 3. To find the concept of regulation of narcotics abusers which is fair and beneficial. This research uses a normative method with steps of description, systematization and explanation of the content of positive law in depth using a statutory, conceptual, case approach, historical approach, and comparative approach. The results of this research show that; harmonization of laws between Law Number 35 of 2009 concerning Narcotics and Law Number 12 of 1995 concerning Corrections, is a harmonization of legal regulations horizontally or at the same level, and is carried out at the level of application or implementation of the two laws specifically related to drug rehabilitation. To be able to harmonize narcotics laws and correctional laws regarding narcotics rehabilitation for drug abusers, it is necessary to know that narcotics rehabilitation is based on the perspective of the law. Narcotics and Corrections Law. Rehabilitation Sanctions in Narcotics Crimes Are Not Yet Fair, because there is no harmony in the regulations in Article 4 (d) of the Narcotics Law which emphasizes "guaranteeing efforts for Medical and Social Rehabilitation", but according to Article 54 of the Narcotics Law it stipulates that "undergoing Medical Rehabilitation and Rehabilitation Social is mandatory.” Previously, drug abusers received guarantees of rehabilitation, but under Article 127 of the Narcotics Law, it became clear that drug abusers could be punished and lose their right to rehabilitation, unless it could be proven or proven that they were victims of narcotics. In Law no. 35 of 2009 concerning Narcotics ensnares narcotics addicts with criminal sanctions as specified in Article 127 and measures in the form of mandatory rehabilitation as specified in Article 54 of Law no. 35 of 2009. Where in the future it is necessary to make improvements to Law no. 35 of 2009 by emphasizing the provisions regarding depenalization for narcotics addicts.

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Publication Details

Journal
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS
Published
2025-06-24
DOI
https://doi.org/10.47191/ijmra/v8-i06-42
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Reformulation of Law Harmonization that is Fair and Useful for Narcotics Abusers

Hafrida, Elly Sudarti, Irvan Pane
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS
Legal and Social Justice Studies
article

Reformulation of Law Harmonization that is Fair and Useful for Narcotics Abusers

Hafrida, Elly Sudarti, Irvan Pane
article en

Abstract

This research aims; 1. To analyze and study the harmonization of narcotics abusers in a fair and beneficial manner in Indonesia, 2. To analyze and examine the regulation of narcotics abusers which can guarantee fair and beneficial laws in Indonesia, 3. To find the concept of regulation of narcotics abusers which is fair and beneficial. This research uses a normative method with steps of description, systematization and explanation of the content of positive law in depth using a statutory, conceptual, case approach, historical approach, and comparative approach. The results of this research show that; harmonization of laws between Law Number 35 of 2009 concerning Narcotics and Law Number 12 of 1995 concerning Corrections, is a harmonization of legal regulations horizontally or at the same level, and is carried out at the level of application or implementation of the two laws specifically related to drug rehabilitation. To be able to harmonize narcotics laws and correctional laws regarding narcotics rehabilitation for drug abusers, it is necessary to know that narcotics rehabilitation is based on the perspective of the law. Narcotics and Corrections Law. Rehabilitation Sanctions in Narcotics Crimes Are Not Yet Fair, because there is no harmony in the regulations in Article 4 (d) of the Narcotics Law which emphasizes "guaranteeing efforts for Medical and Social Rehabilitation", but according to Article 54 of the Narcotics Law it stipulates that "undergoing Medical Rehabilitation and Rehabilitation Social is mandatory.” Previously, drug abusers received guarantees of rehabilitation, but under Article 127 of the Narcotics Law, it became clear that drug abusers could be punished and lose their right to rehabilitation, unless it could be proven or proven that they were victims of narcotics. In Law no. 35 of 2009 concerning Narcotics ensnares narcotics addicts with criminal sanctions as specified in Article 127 and measures in the form of mandatory rehabilitation as specified in Article 54 of Law no. 35 of 2009. Where in the future it is necessary to make improvements to Law no. 35 of 2009 by emphasizing the provisions regarding depenalization for narcotics addicts.

INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSISVol. 08(06)
Openalex Percentile: Top 77%
Legal and Social Justice Studies
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