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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-10 | 588-594
Original Research Article
Reconstruction of Criminal Sanction Regulations against Narcotic Abusers Not Related to a Drugs Circulation Network Based on Justice Values
Linda Ikawati, Eko Soponyono, Sri Endah Wahyuningsih
Published : Oct. 5, 2021
DOI : 10.36348/sijlcj.2021.v04i10.002
Abstract
Narcotics abuse as referred to in Law Number 35 of 2009 concerning Narcotics in general, provides for criminal penalties by judges. It tends to prioritize criminal sanctions if they commensurating with the actions of the perpetrators, with the aim that the perpetrators do not repeat their actions. This paradigm is certainly not suitable when dealing with crimes involving drug abuse, because the narcotics abuser themselves is also a victim. This research uses a statutory approach because it is included in normative legal research where the approach to criminal law legislation and especially narcotics legislation is used as one of the legal research approaches. This result of the research shows that (1) The policy of implementing criminal sanctions for drug users that are not related to narcotics networks in the current legislation cannot be separated from the criminal system adopted by the legal system in Indonesia. (2) Arrangements for the implementation of criminal sanctions against narcotics users who are not related to the narcotics distribution network according to the current law are not based on the value of justice. This can be seen from Law Number 35 of 2009 concerning Narcotics which still causes multiple interpretations or ambiguities in its application, especially to Article 112 and Article 127 of the Narcotics Law. (3) The ideal reconstruction of the formulation in the implementation of criminal sanctions against narcotics users based on the values of justice is by changing the formulation of Article 111 paragraph (1) and 112 paragraph (1) and Article 103 paragraph (1).
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