REFORMULASI SANKSI PIDANA TERHADAP PENYALAHGUNA NARKOTIKA YANG BERASAL DARI KALANGAN ATAS

Abstract

Narcotics abuse is a complex problem and has a broad perspective, both in the fields of
medical, psychosocial, mental and psychiatric services. At present, narcotics abusers can be
likened to an iceberg that includes all levels of society, especially the upper class. Therefore, as
an effort to deal with narcotics abusers who are increasing day by day and the need to create a
new paradigm to renew the public's view of narcotics abusers, especially the upper class society,
where the upper class society in its implementation is more privileged. Therefore, it is necessary
to reformulate criminal sanctions as stipulated in Law Number 35 of 2009 concerning Narcotics
to create laws that are more effective and fair in responding to modernization goals. The purpose
of this study is to understand the regulation and application of criminal sanctions against
narcotics abusers in Indonesia and to develop the idea of reformulation of appropriate sanctions
against narcotics abusers from the upper class society.
The research conducted is normative legal research or known as doctrinal legal research,
which uses data sourced from library research and literature quotations related to the issues
studied. Therefore, the secondary legal sources used consist of secondary, primary and tertiary
legal materials as well as data from interviews in the form of primary data.
In this research, the type of data analysis used is qualitative data analysis which is
produced in the form of descriptive data. From the elaboration of the discussion and research
conducted, several conclusions can be obtained, namely: First, narcotics addicts and narcotics
abusers as stipulated in Article 54 of Law Number 35 of 2009 concerning Narcotics states that
narcotics addicts and narcotics abusers are required to undergo medical rehabilitation and
social rehabilitation. However, in fact the implementation of rehabilitation is not evenly
distributed to all levels of society. Second, an increase in imprisonment and fines, as well as an
increase in treatment and/or treatment services in the form of medical rehabilitation and social
rehabilitation as an idea formulated by taking into account awareness, legal ideals, outlook on
life and philosophy originating from Pancasila and the Opening of the Constitution of the
Republic of Indonesia in 1945.
Keywords: Reformulation – Criminal Sanctions – Rehabilitation