PEMBERIAN SANKSI REHABILITASI BAGI PENYALAHGUNA NARKOTIKA BERDASARKAN PASAL 127 DIKAITKAN DENGAN PASAL 103 UNDANG-UNDANG NOMOR 35 TAHUN2009 TENTANG NARKOTIKA

Abstract

In decision No. 1243/Pid.Sus/2022/PN.Sby the defendant was declared legally
and convincingly guilty of committing the crime of class I Narcotics abuse for himself.
The Defendant was given a criminal sanction in the form of imprisonment for 2 (two)
years but the Judge did not order or implement rehabilitation for the Defendant.
Whereas in Article 127 paragraph (3) of Law No. 35 of 2009 clearly states that: "In the
event that the abuser as referred to in paragraph (1) can be proven or proven to be a
victim of narcotics abuse, the abuser is required to undergo medical rehabilitation and
social rehabilitation." Thus the judge's decision does not reflect legal certainty.
The type of legal research is normative legal research. The data used is
secondary data. Meanwhile, if seen from the nature of this research is descriptive.
The results of this study are that the provision of rehabilitation sanctions for
narcotics abusers based on Article 127 is linked to Article 103 of Law Number 35 of
2009 concerning Narcotics, namely judges often do not give rights to narcotics users to
carry out rehabilitation, even though in Law Number 35 of 2009 concerning Narcotics
there is a guarantee rehabilitation for drug abusers. This article should be used as a
basis for judges deciding cases of narcotics abuse for users and addicts to undergo
medical rehabilitation and social rehabilitation aimed at recovering perpetrators from
narcotics addiction. Legal certainty regarding the imposition of rehabilitation sanctions
based on Article 127 is linked to Article 103 of Law Number 35 of 2009 concerning
Narcotics against abusers and perpetrators of criminal acts, namely Law Number 35 of
2009 concerning Narcotics has provided legal certainty for the sanctions given, namely
in the form of imprisonment (prison) and rehabilitation sanctions (medical and social)
for each perpetrator. Law Number 35 of 2009 concerning Narcotics has 2 sides, namely
a humanist side for narcotics addicts and abusers, and a tough and firm side for
dealers, syndicates and narcotics dealers. However, what needs attention in its
implementation is that imprisonment given to narcotics abusers is not an effective way
to repair damage.

Keywords: Sanctions, Rehabilitation, Narcotics Abuse