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VOL. 6, ISSUE 2 (2020)
Reconstruction of judge's decision regarding drug rehabilitation based on dignified justice value
Authors
Bambang Setiawan, Teguh Prasetyo, Lathifah Hanim
Abstract
Efforts to eradicate Narcotics Crimes by Rehabilitation are a form of sanction in addition to the existence of criminal sanctions that are adhered to by Law No. 35 of 2009 concerning Narcotics. The Double Track System principle adopted by Law No. 35 of 2099 is not practiced correctly in the field, because the judge's sentence gave more sanctions in the form of criminal sanctions, in the form of prisons in Penitentiary. This phenomenon is of course counterproductive to the spirit of Law No.35 Year 2009 which is more inclined to Criminal Acts which are more educative. Therefore, the authors conducted a study with the main issue of how the Implications of the decision on rehabilitation of narcotics addicts in Law No. 35 of 2009 which still have no value of dignified justice for the enforcement of narcotics law and How is the reconstruction of judges' decisions regarding rehabilitation for drug users based on values of justice with dignity The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach. Research shows that the Implications of Judges' Decisions that do not provide rehabilitation to addicts and / or narcotics abusers are: (a) The duration of enforcement is longer, (b) Legal Uncertainty, (c) Expanding Collusion of Corruption and nepotism, (d) Expanding Narcotics Distribution in prison. Values Values that need to be reconstructed in the enforcement of narcotics addicts who are placed as perpetrators, law enforcers who cannot make peace, and sentences carried out with imprisonment. The values of dignified justice that can be used as alternatives in law enforcement, namely the value of humanization, harmonization, and restorative justice values that can be an alternative to law enforcement for narcotics addicts / narcotics abusers are addicts must be placed as victims, law enforcers must be able to work together with addicts And punishment must be carried out with rehabilitation.
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Pages:162-166
How to cite this article:
Bambang Setiawan, Teguh Prasetyo, Lathifah Hanim "Reconstruction of judge's decision regarding drug rehabilitation based on dignified justice value". International Journal of Law, Vol 6, Issue 2, 2020, Pages 162-166
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