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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-6 | Issue-03 | 165-170
Original Research Article
Legal Reconstruction of the Formula of Criminal Offense to Determine the Classification of Narcotics User and Victim Based on Justice Value
Ahzan, Gunarto, Anis Mashdurohatun
Published : March 27, 2023
DOI : 10.36348/sijlcj.2023.v06i03.005
Abstract
The purpose of this research is to analyze the weaknesses of criminal offenses against narcotics users and victims of narcotics abuse and how to reconstruct the regulation based on the value of justice. The method used in this study uses a juridical approach with a constructivist paradigm. The results of the research show that the current weaknesses in criminal offenses against narcotics users and victims of narcotics abuse, due to the provisions regarding ownership and control as regulated in Article 112, can also be applied to those who are classified as abusers as regulated in Article 127 of Law no. 35/2009 concerning Narcotics. Therefore, the Reconstruction of criminal offense regulations against narcotics users and victims of narcotics abuse based on the value of justice can be done namely by changing the substance of Articles `103, 112, and Article 127 of the Narcotics Law, where in Article 103, the phrase "can" is replaced with the word "obliged". Then, Changing Article 127 paragraph (1), by adding the sentence "Every abuser with the intention of using it himself". Meanwhile, there must be an additional clause regarding the criteria for the large number of narcotics in Article 112 must in paragraph (3) as an addition to Article 112 of Law no. 35/2009 concerning Narcotics to further differentiates the differences of both.
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