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VOL. 9, ISSUE 5 (2023)
Legal reconstruction of rehabilitation measures against narcotics abusers based on Pancasila justice values
Authors
Gunarto, Hernando Ariawan, Andri Winjaya Laksana
Abstract

The aim of this research is to analyze and find the weaknesses in the current regulations for rehabilitation measures for narcotics abusers and to find and formulate a reconstruction of regulations for rehabilitation measures for narcotics abusers based on Pancasila values of justice using a socio-legal research approach where law is conceptualized as an empirical phenomenon that can be observed in real life.

Research Result shows that the Regulation on Sanctions for the Rehabilitation of Narcotics Abuse Is Not Fair yet because there is confusion regarding the regulations in Article 4 (d) of the Narcotics Law, as according to Article 54 of the Narcotics Law, it is stipulated that "undergoing Medical Rehabilitation and Social Rehabilitation is mandatory". Previously, drug abusers received rehabilitation guarantees, but under Article 127 of the Narcotics Law, it became clear that drug abusers could be punished and lose their right to rehabilitation. This is what makes victims of narcotics users liable to prison as Public Prosecutor often charges them with this law. Therefore the Legal reform proposed by the author is in the form of reconstruction of regulations in Article 127 paragraph (1) of Law no. 35 of 2009 concerning Narcotics where: "Every Class I, II, and III Narcotics abuser who is a victim of Narcotics abuse (a Narcotics Addict who has been proven through an assessment) is required to undergo Rehabilitation".
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Pages:202-205
How to cite this article:
Gunarto, Hernando Ariawan, Andri Winjaya Laksana "Legal reconstruction of rehabilitation measures against narcotics abusers based on Pancasila justice values". International Journal of Law, Vol 9, Issue 5, 2023, Pages 202-205
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