Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-5 | Issue-06 | 211-216
Original Research Article
Reconstruction of Rehabilitation Regulations for Underaged Drug Addicts in Indonesia Based on Justice Value
Muhammad Ngazis, Juhrin Pasaribu, Gunarto, Sri Endah Wahyuningsih
Published : June 17, 2022
Abstract
The problem raised in this study is why the regulation of rehabilitation for children who use narcotics has not been based on the value of justice. To find answers to these problems, the study uses a sociological juridical research type where the method of qualitative analysis is used on the data obtained, and presented in the form of written words supported by quantitative and qualitative data to then draw an inductive conclusion. The Result Shows that According to Law Number 35 of 2009, there are two types of rehabilitation, namely medical rehabilitation and social rehabilitation. The judge's consideration in conducting trial examinations in narcotics cases committed by children is to impose narcotics crimes by rehabilitating the accused. The judge stated that in the Juvenile Criminal Justice System Act, children who have problems with the law are called Juvenile. The judge stated that even though in the indictment of the public prosecutor, however, the judge considered that in giving criminal penalties to narcotics users and child perpetrators, by taking into account the main principle for the child, namely the best interest of the child in imposing sanctions, it is very necessary to reconstruct the rehabilitation law for children as drug addicts fairly.