Injuruty: Interdiciplinary Journal and Humanity

Volume 2, Number 4, April 2023

e-ISSN: 2963-4113 and p-ISSN: 2963-3397

 


 

IMPLEMENTATION OF THE REHABILITATION MODEL ON

VICTIMS OF DRUG ABUSE IN THE DEVELOPMENT OF THE LEGAL SYSTEM IN INDONESIA

 


 

 

Abstract


Mohamad Ali Syaifudin, Abdullah Sulaiman, Vientje Ratna Multiwijaya

Trisakti University, Indonesia

Email: [email protected]


Drug abuse is usually initiated by the use of trial and error just following friends to reduce or eliminate pain, fatigue, mental tension, or as entertainment or for association. The purpose of this study is the regulation of the rehabilitation process for novice users or victims of drug abuse and addicts in the Indonesian legal system. Using empirical legal research where a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The results of the study include the regulation of the rehabilitation process for novice users or victims of drug abuse and addicts in the Indonesian legal system, it is hoped that there will be legal reform in the Indonesian legal system where legal reform. Law enforcement reconstruction in legal cases against novice users, addicts and drug abusers at this time there is still a gap in the legal process in law enforcement in narcotics crimes, law enforcement officials, especially the Police in the assessment process against perpetrators of drug abuse, should not distinguish the social status of perpetrators who will carry out integrated assessments or examinations in terms of knowing the perpetrators as users or dealers Narcotics, according to the author, drug addicts are not real drug offenders but dealers who should be eradicated because they are the real perpetrators of crimes in narcotics because if drug addicts are not given rehabilitation forever the addict will continue to be victims of drug dependence. The ideal model for the concept of narcotics rehabilitation in the development of the Indonesian legal system is expected to have legal synchronization between 3 (three) law enforcement elements, namely the Police, the Prosecutor's Office and the Panel of Judges in the Court handling narcotics abuse cases requiring making primary or primary charges with Article 127 of the Narcotics Law. Suggestions include.

 

Keywords: rehabilitation; model on victims; drug abuse

 

INTRODUCTION

The implementation of national goals in order to realize the noble ideals of the Indonesian nation towards a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia (UUD NRI), is realized with the existence of national development programs (Astutik & Trisiana, 2020). One aspect of national development that is closely related to human development as a whole is development in the field of law, especially in the field of criminal law (Najicha, 2022). The development of criminal law in Indonesia is realized through criminal law enforcement that works operationally through a system called the Criminal Justice System (Sunarso et al., 2022).

According Amanda, Humaedi, & Santoso, (2017) The problem of drug abuse is increasing with smuggling, circulation and illicit trafficking, abuse and followed up by arrests, detention of abusers and drug dealers. Efforts to overcome the drug problem are not enough in one way but must be carried out with a series of continuous actions from various elements, both from government and non-government institutions. The series of actions includes preventive, repressive and rehabilitative efforts.


 

Lately drug and drug crimes have been transnational in nature carried out with a modus operandi and sophisticated technology. Law enforcement officials are expected to be able to prevent and overcome these crimes in order to improve morality and the quality of human resources in Indonesia, especially for the next generation of the nation (Hamzah & Goenanti, 2012).

Drug abuse is usually initiated by the use of trial and error just following friends to reduce or eliminate pain, fatigue, mental tension, or as entertainment or for association. However, if this use is continued continuously, it will turn into a dependency. The reality shows that the sentencing by judges in drug cases is still not effective. Most drug addicts are not sentenced to rehabilitation as mentioned in the Narcotics Law but are sentenced to prison even though the provisions of the law guarantee the regulation of rehabilitation efforts, both medical rehabilitation and social rehabilitation for drug abusers and addicts (Nainggolan, 2019).

Government policy in tackling illicit drug trafficking by promulgating Law Number 35 of 2009 concerning Narcotics has regulated the existence of opportunities for medical rehabilitation and social rehabilitation for addicts and victims of drug abuse, namely as explained in Article 54, Article 55, Article 103 and Article 127 paragraphs (1), (2) and (3). The provision that addicts and victims of drug abuse must undergo medical rehabilitation and social rehabilitation is regulated in Article 54 and Article 55 and Article 103 which reads (Ishaq & Purba, 2022).

Article 54:

"Drug addicts and victims of drug abuse must undergo medical rehabilitation and social rehabilitation".

Article 55:

1)     �Parents or guardians of drug addicts who are not old enough must report to community health centers, hospitals, and/or medical rehabilitation and social rehabilitation institutions intended by the government to obtain treatment and/or treatment through medical rehabilitation and social rehabilitation�

2)     Drug addicts who are of legal age must report themselves or be reported by their families to community health centers, hospitals, and/or medical rehabilitation and social rehabilitation institutions designated by the government for medical and social rehabilitation treatment and/or treatment

Provisions regarding the narcotics rehabilitation process are not only regulated in Law Number 35 of 2009 concerning Narcotics Malik, (2019), some of which are:

1.    Government Regulation Number 25 of 2011 concerning Compulsory Report for Drug Addicts

2.    Regulation of the Minister of Health Number 50 of 2015 concerning Technical Guidelines and Medical Rehabilitation for Addicts, Abusers and Victims of Narcotics Abuse.

3.    Regulation of the National Narcotics Agency of the Republic of Indonesia Number 24 of 2017 concerning Rehabilitation Service Standards for Drug Addicts and Victims of Narcotics Abuse

4.    Regulation of the Head of the National Narcotics Agency Number 11 of 2014 concerning Procedures for Handling Suspects and / or Accused Drug Addicts and Victims of Drug Abuse into Rehabilitation Institutions


 

5.    Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 09 of 2017 concerning National Standards for Social Rehabilitation for Addicts and Victims of Abuse of Narcotics, Psychotropics, and Other Addictive Substances

Many of the legalities of regulations governing rehabilitation at this time are not clear about the concept of rehabilitation for victims of drug users to reflect justice and legal certainty for victims of drug users.

Narcotics crimes are no longer carried out clandestinely, but have been openly committed by users and dealers in carrying out dangerous goods operations. From the facts that can be witnessed almost every day both through print and electronic media, it turns out that these illicit goods have spread everywhere indiscriminately, especially among the generation of teenagers who are expected to become the next generation of the nation in building the country in the future. The community is now very restless, especially the families of the victims, they are now willing to tell the condition of their family members from suffering in addiction to narcotics, psychotropic and other addictive substances (Kailwa et al., 2021).

Efforts to overcome the problem of drug addiction demand the right steps and policies so that the high rate of drug abuse in this country can be suppressed. In various parts of the world, drug handling with a law enforcement approach apparently has not produced a solution that meets expectations. In fact, the rate of drug abuse and illicit circulation continues to increase. The causes of abuse of Narcotics, Psychotropic and other Addictive Substances (hereinafter referred to as drugs) are very complex due to the interaction between factors related to individuals, environmental factors and factors in the availability of drug substances. There is no single cause.

Drug abusers must be studied case by case. Individual factors, family and peer / social factors do not always play the same role in causing someone to abuse drugs. Because of social factors, it is possible for a child who comes from a harmonious and quite cominitive family to become a drug abuser.

The development of drug abuse crimes today which in quality and quantity tends to increase, it can be predicted that drug abuse crimes in the future will increase along with the development of society. This is marked by the emergence of a modus operandi of crime by utilizing technology in the fields of transportation, communication and information as a means of committing crimes. Drug abuse crime is one of many types of organized crime that is very difficult to disclose, both in quality and quantity, because it has a covert and closed organization and is internationally organized with a network that covers almost the entire world.

The most widespread and severe impact of victims of drug abuse and illicit trafficking is on the younger generation who are the nation's most valuable asset. Using drugs is very tempting for young people for social reasons, entertainment or relieving tension and so on. Future generations of people from all nations and countries are currently being poisoned by the abuse of narcotics. It is conceivable what disasters and dooms will be faced by mankind in the future besides we will lose the golden generation that is expected as a substitute and successor to the development of this nation, will also damage the results of existing development. Drug abuse is no longer a victimless crime, but has become a crime that takes many victims and prolonged disasters to all human beings.


 

From a juridical perspective, drug users cannot be categorized as perpetrators of crimes because the nature of the crime must cause victims and the victims are others (an act must take place that involves harm inflicted on someone by the actor). This view then leads to the understanding that drug users are a form of crime without victim. That means if only oneself is a victim, then it cannot be said to be a crime, so it cannot be punished (Simanungkalit, 2012).

The problem of differences in perception in the implementation of Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, especially regarding rehabilitation for novice drug users. The implementation of rehabilitation which is the spirit of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics concerning Narcotics has not been implemented optimally and almost all narcotics cases submitted by investigators for examination and trial end with a prison sentence decision because it is not clear and there are many procedures that must be passed to carry out rehabilitation (Septia et al., 2022).

Efforts to eradicate narcotics and policies carried out in Indonesia, especially policies for drug abusers / addicts which have been regulated in Law no. 35 of 2009, as for the comparison of Asian country policies in the narcotics handling table include the following:

As in cases involving artists and famous people who are entangled in drug abuse, they can easily get rehabilitation policies according to laws and regulations. This is contrary to the non-provision of rehabilitation policies for ordinary people, one of which is the case of Setyo Budi Wicaksono in Case Number 1970 / Pid.Sus / 2017 / PN.Jkt.Brt, which was charged by the Prosecutor with Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics with evidence of class I narcotics not plants, namely methamphetamine weighing 0.0469 grams, who in the trial were not proven to circulate or channel, could not get a rehabilitation program as stated in Law Number 35 of 2009 concerning Narcotics, by the investigator, Prosecutor and from the Judge handling the case, that the defendant had never been in law and was not a dealer, so the defendant according to the researcher was included in the category as a novice user who was disadvantaged because the Judge sentenced him to 4 years and 6 months in prison.

The next problem is in the case of narcotics abuse who received rehabilitation by conducting an assessment in the investigation process with the defendant Raymond Tamsil in Case Number 1/Pid.S/2021/PN. Jkt.Utr, which was charged by the Prosecutor with Article 127 paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics with evidence of class I narcotics in the form of marijuana seed type plants as much as 97 grains or weighing 1.6803 grams, and based on the recommendations of the Integrated Assessment Team, Defendant Raymond Tamstil with Number R/34/BA-RAT/VI/2021/BNNP dated June 22, 2021 concluded that the defendant was diagnosed with mental and behavioral disorders due to the use of multile/marijuana substances and methamphetamine (medium category) therefore the defendant is recommended to carry out rehabilitation for 6 (six) months at the Drug Dependence Hospital (RSKO).

Decision of the panel of North Jakarta Court Judges who handled the trial of this case sentenced him to 6 months imprisonment, set the period of arrest and detention period served by the defendant to be reduced entirely from the sentence imposed, and ordered the defendant to undergo treatment and treatment through rehabilitation at RSKO Cibubur for 4 (four) months.


 

Unlike the case of other artists or performers such as the case of Raffi Ahmad, Amar Zoni, and most recently the case of Nia Ramadhani and her husband, Ardi Bakrie recently stumbled into a drug abuse case, where they were immediately given the right to carry out rehabilitation but it became a surprise to many parties where in the trial of his case at the Central Jakarta District Court a panel of judges convicted the married couple Ardi Bakrie and Ramadhani with a verdict prison. This is the legal problem in Indonesia, there is no justice in the process of getting rehabilitation for novice users and addicts, so legal certainty is still very lacking related to the problem of narcotics

An author must give scientific responsibility that the research carried out is guaranteed authenticity (Amiruddin, 2012). There are similar studies that already exist, including:

Anang Iskandar, Dissertation entitled "Decriminalization of Drug Abusers in the Construction of Positive Law in Indonesia", Doctoral Program of Law at Trisakti University Jakarta, 2013, discusses inappropriate punishment of drug abusers and addicts. There needs to be a distinction between drug abusers and dealers so that the type of punishment can differ according to their needs. The results of the research that criminal sanctions against addicts and users have increased the prevalence of abusers. Drug abusers should be given an action in the form of rehabilitation that can further direct them not to use drugs again in the future (Iskandar, 2013).

Priambodo Adi Wibowo, Dissertation entitled Rehabilitation for Addicts as Victims of Drug Abuse in the Penal System, Doctoral Program in Law, Faculty of Law, Airlangga University, Surabaya, In 2015, there were 3 (three) problems raised in his research including

(1) Philosophy of rehabilitation arrangements for Drug Addicts. (2) Ratio decidendi in rehabilitation decisions for Drug Addicts and (3) Ius constituendum rehabilitation for Drug Addicts. The conclusions on these 3 (three) problems, namely: (1) The philosophy of rehabilitation arrangements for drug addicts is based on restorative justice as recovery which leads to the formation of actions in the form of rehabilitation. Furthermore, efforts to integrate the ideal criminal function, restorative justice can be used as a justice effort that involves perpetrators, victims, families, and other parties related to solving crimes together in finding solutions to drug crimes and legal protection. (2) The ratio decidendi in rehabilitation decisions is that the judge in determining sanctions for accused drug abusers not only considers legal aspects, but also considers the health condition of drug abusers and addicts are victims with proven criteria for abusing drugs for themselves, not dealers. If someone experiences pain, then treatment is given, not criminalized. (3) The Ius Constituendum of rehabilitation for drug addicts requires legal protection to be provided by clarifying the characteristics of addicts as addicts as victims that distinguish them from dealers. In addition, the legal protection of rehabilitation decisions is the provision of rehabilitation places for drug addicts by focusing on the provision of human resources, facilities and planned systems related to the implementation of rehabilitation. Drug addicts should receive great attention from the government. This attention is given by providing rehabilitation places carried out by BNN, the Health Office in collaboration with the Mandatory Report Recipient Institution (IPWL), and community institutions such as Islamic boarding schools. Rehabilitation is carried out thoroughly by including medical rehabilitation and social rehabilitation (PRIAMBODO ADI WIBOWO, 2016).


 

METHOD RESEARCH

Researchers use qualitative research types using an empirical approach. Empirical legal research methods consist of research on legal identification and effectiveness (Ali, 2021). There are five approaches that will be used in this study Normative, namely: (1) statutory approach, (2) conceptual approach, (3) philosophical approach, (4) comparative approach, and

(5) casuistic approach.

As an accentuation of empirical research methods, this study will provide a portion of analysis using a comparison approach and a case approach. The comparison will be made, among others, by looking at how law enforcement agencies in Indonesia handle cases of new users and drug addicts with several neighboring countries. The case approach will be carried out by identifying, collecting, and analyzing the decisions of the District Court handling Narcotics cases. There are several types of methods of legal interpretation. Researchers will use the method of systematic legal interpretation, which is a method that interprets laws and regulations by relating them to legal regulations or other laws or with the entire legal system (Mertokusumo, 1919).

RESULT AND DISCUSSION

 

Regulation of the rehabilitation process for novice users or victims of drug abuse and addicts in the Indonesian legal system

. The problem of drug abuse is increasing with smuggling, circulation and illicit trafficking, abuse and followed up by arrests, detention of abusers and drug dealers. Efforts to overcome the drug problem are not enough in one way but must be carried out with a series of continuous actions from various elements, both from government and non-government institutions. The series of actions includes preventive, repressive and rehabilitative efforts.

This preventive program is also called a prevention program where this program is aimed at healthy people who have never known drugs at all so that they know about the ins and outs of drugs so that they are not interested in abusing them. This program is not only carried out by the government, but also very effective if assisted by an agency and other institutions including related professional institutions, non-governmental organizations, associations, community organizations and others. Form and agenda of activities in this preventive program:

a.    Anti-drug abuse campaign

A one-way program of providing one-way information from speakers to listeners about the dangers of drug abuse. This campaign only provides information to its listeners, without a question and answer session. Usually, what is presented by the speaker is only the outline and is general information. This information is usually conveyed by community leaders. This campaign can also be done through banners, posters or billboards. The message to be conveyed is only limited to directions to stay away from drug abuse without going into more detail about drugs.

b.    Counseling on the ins and outs of drugs

Unlike the campaign which only provides information, this counseling is more of a dialogue accompanied by a question and answer session. The form can be a seminar or lecture. The purpose of this counseling is to explore various problems about drugs so that people become more aware of them and become uninterested in using them after participating in this program. The material in this program is usually delivered by professionals such as doctors, psychologists, police, legal experts or sociologists in accordance with the theme of counseling.


 

c.    Peer group education and training

It is necessary to conduct education and training within community groups so that efforts to overcome drug abuse in this community become more effective. In this program, drug introduction will be discussed in more depth which will later be accompanied by coping simulations, including speech exercises, discussion exercises and training to help sufferers. This program is usually carried out in education such as schools or campuses and involves resource persons and trainers who are professionals.

d.   Efforts to supervise and control drug production and distribution efforts in the community.

This program has become the task of relevant officials such as the police, the Ministry of Health, the Food and Drug Control Center (BPOM), Immigration, Customs, Prosecutors, Courts and so on. The goal is that drugs and their ingredients do not circulate carelessly in the community but seeing the limited number and ability of officers, this program still cannot run optimally.

This concern is further sharpened due to the widespread use and illicit circulation of Narcotics and Psychotropic Substances that have spread in all levels of society, ranging from the younger generation of children to adults, from the lower class to officials, even politicians. And some law enforcers are also not sterile from drug abuse, so that eradication efforts are not enough to be handled only by the government and law enforcement officials, but need to involve all potential communities to actively participate in the prevention and eradication of drug abuse and illicit circulation. If this is not implemented immediately, it will greatly affect the life of the nation and state, because the younger generation is the successor of the ideals of the nation and state in the future.

Efforts to prevent and eradicate drug abuse and illicit trafficking in Indonesia require comprehensive and multidimensional handling efforts in order to achieve maximum results, and eradication efforts must be carried out gradually, consistently, and continuously.

To overcome drug abuse, an integrated and comprehensive effort is needed which includes preventive, repressive, therapeutic and rehabilitation efforts The cause of drug abuse is caused by several factors that influence each other, namely:

a)     Factors of Indonesia's geographical location;

b)     Economic factors;

c)     The factor of ease of obtaining the drug;

d)     Family and community factors;

e)     Personality factors;

f)      Physical factors of the individual abusing it.

The target of coaching convicted drug cases is actually more aimed at groups of users / addicts who are victims of crime from these drug suppliers / dealers. Based on this, the convicts after knowing everything about the judicial process, then the pattern of formation is handed over to the prison where they serve their sentence. Overall, the inmate development program can be divided into 2 (two), namely:

a.    Programs to restore health, both physical and psychological

b.    Programs for the addition of knowledge insights, both religious knowledge and other general knowledge.

Programs to restore health, both physical and psychological, in general prisons arrange time to hold activities such as gardening, skill work, sports, and so on. While the elaboration of knowledge insight addition programs is usually done by listening to lectures organized by prison officers or holding recitation activities and discussions, both in groups and individually. Narcotics rehabilitation according to Law No. 35 of 2009 consists of medical rehabilitation, which is a process of treatment activities in the field of eradication of BNNP DKI to free addicts from narcotics dependence, and social rehabilitation, which is integrated recovery activities, both physical, mental and social, so that former drug addicts can return to


 

carrying out social functions in community life. Investigators can submit an assessment request to the Integrated Assessment Team (TAT) to be able and not a suspect can be rehabilitated, this is regulated in BNN regulation No. 11 of 2014. The assessment conducted by the Integrated Assessment Team (TAT) consists of a medical assessment and a legal assessment. According to Article 3 paragraph (1) a person can be rehabilitated if a person is a drug addict and a victim of drug abuse.

According to Article 3 paragraph (2), in the event that a person as a suspect in a narcotics case can be rehabilitated after receiving recommendations from the Integrated Assessment Team (TAT) of BNN regulation No. 11 of 2014. Based on Article 9 paragraph (2), the Integrated Assessment Team consists of:

a.    The team of doctors includes doctors and psychologists who have had assessor certification from the Ministry of Health;

b.    The Legal Team consists of elements of the National Police, BNN, the Prosecutor's Office and the Ministry of Law and Human Rights.

Assessment aims to enable Drug Addicts and Victims of Drug Abuse who are without rights and against the law who have been determined as Suspects to be able to undergo rehabilitation and regulate the implementation of the placement of Suspects into rehabilitation institutions so that they can be carried out appropriately, transparently, and accountably, based on recommendations from the Integrated Assessment Team.

Based on Article 11 of BNN Regulation No. 11 of 2014 concerning Procedures for Handling Suspects and/or Accused Drug Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions, an integrated assessment team was formed by BNN in stages from the central level to the regional level (district/city) and under coordination from BNN through a decree of the head of BNN/BNNP/BNNK. Based on Article 14 of BNN Regulation No. 11 of 2014 concerning Procedures for Handling Suspects and / or Accused Drug Addicts and Victims of Drug Abuse into Rehabilitation Institutions said that a drug offender can be rehabilitated after receiving recommendations from the integrated assessment team before being detained by investigators, because investigators must send an assessment request no later than 1x24 hours after making an arrest, then the assessment results are submitted no later than 6 (six) days to the Investigator to be reported in writing to the local District Court.

 

Law enforcement reconstruction in legal cases against novice users, addicts and drug abusers at this time

Narcotics crimes are no longer carried out clandestinely, but have been openly committed by users and dealers in carrying out dangerous goods operations. From the facts that can be witnessed almost every day both through print and electronic media, it turns out that these illicit goods have spread everywhere indiscriminately, especially among the generation of teenagers who are expected to become the next generation of the nation in building the country in the future. The community is now very restless, especially the families of the victims, they are now willing to tell the condition of their family members from suffering in addiction to narcotics, psychotropic and other addictive substances.

According to the general provisions of Law No. 35 of 2009 concerning Narcotics, Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semisynthetic, which can cause a decrease or change in consciousness, loss of taste, reduce to relieve pain, and can cause dependence, which is divided into groups as attached to this Law.

In Article 6 of Law No. 35 of 2009 concerning Narcotics, narcotics are divided into 3 (three) groups, namely:

1.    Class I Narcotics;

2.    Class II Narcotics; and

3.    Class III Narcotics


 

Drug abuse seems to be increasingly rampant, especially in big cities where drug outbreaks seem to be unstoppable. This drug abuse is no longer a fashion (prestige) but its motivation has been used as a kind of place of escape. Recently, drug abuse has not only become an obstacle in big cities but has begun to spread to villages. So far, those who abuse narcotics come from families that are considered capable. Drug abuse is no longer the epitome of virility, courage, modernity etc. but its motivation has been linked to further views and dependence and made an escape from frustration and disillusionment(Hadiman, 1999) .

The Indonesian nation, currently faced with a very worrying situation due to the increasingly widespread use of narcotics, this concern is increasingly sharpened due to the widespread circulation of narcotics among the younger generation. In addition, Indonesia, which some time ago became a transit point and market for narcotics trafficking, has now developed into a narcotics producer.

Efforts to overcome the problem of drug addiction demand the right steps and policies so that the high rate of drug abuse in this country can be suppressed. In various parts of the world, drug handling with a law enforcement approach apparently has not produced a solution that meets expectations. In fact, the rate of drug abuse and illicit circulation continues to increase. The causes of abuse of Narcotics, Psychotropic and other Addictive Substances (hereinafter referred to as drugs) are very complex due to the interaction between factors related to individuals, environmental factors and factors in the availability of drug substances. There is no single cause.

Drug abusers must be studied case by case. Individual factors, family and peer / social factors do not always play the same role in causing someone to abuse drugs. Because of social factors, it is possible for a child who comes from a harmonious and quite cominitive family to become a drug abuser.

The development of drug abuse crimes today which in quality and quantity tends to increase, it can be predicted that drug abuse crimes in the future will increase along with the development of society. This is marked by the emergence of a modus operandi of crime by utilizing technology in the fields of transportation, communication and information as a means of committing crimes. Drug abuse crime is one of many types of organized crime that is very difficult to disclose, both in quality and quantity, because it has a covert and closed organization and is internationally organized with a network that covers almost the entire world.

Indonesia already has Law Number. 35 of 2009 concerning Narcotics which specifically regulates narcotics crimes that have been updated from the Narcotics Law Number. 22 of 2007 concerning Narcotics (State Gazette of 2007 Number 67), because as in considering Law Number 35 of 2009 letter e states: that Narcotics have been transnational in nature which is carried out using a high modus operandi, advanced technology, and assisted by a wide organizational network, and has resulted in a lot of someone becoming an addict, one of which is among adolescents who can threaten life in society, Therefore, Law Number 22 of 1997 concerning Narcotics was updated because it was not suitable for the development of the situation and conditions that developed in eradicating illicit narcotics trafficking.

In the case of drug abusers seen as an extraordinary crime because of the many problems in the application of the rehabilitation process, especially for drug addicts in undergoing legal processes, Articles 54 and 56 stipulated in the Narcotics Law have given addicts the obligation to carry out rehabilitation. From medical and social rehabilitation that must be undertaken by drug addicts which is expected to be able to make addicts return to health, productivity, free from criminal acts, and disappearance from drug dependence. The period to undergo rehabilitation is calculated in lieu of imprisonment. Rehabilitation of drug addicts can be said to be for social protection that makes drug addicts no longer use drugs and stay away from drug abuse.


 

In my opinion, putting drug addicts in prison is not the right solution because the law is according to their actions because drug addicts are not the real perpetrators of drug crimes but the dealers should be eradicated because they are the real perpetrators of crimes in drugs because if drug addicts are not given rehabilitation forever the addict will continue to be victims of drug dependence. And even if the addict is imprisoned after getting out of prison instead of stopping using drugs, even using drugs does not have a deterrent effect on the addict himself.

The impact of drug abuse itself for drug addicts experiencing hallucinations, heart problems, digestive systems and life changes that make committing criminal crimes, and making abnormal concentrations that can make job loss and can make the condition of overdose addicts cause death.

Law Number 35 of 2009 divides medical rehabilitation and social rehabilitation. Medical Rehabilitation is a process of integrated treatment activities to free addicts from narcotic dependence. Medical rehabilitation of drug addicts can be done at hospitals designated by the Minister of Health. That is a hospital organized both by the government, and by the community. In addition to medication or treatment through medical rehabilitation, the healing process of drug addicts can be organized by the community through religious and traditional approaches. While social rehabitation is a process of integrated recovery activities both physically, mentally and socially so that former drug addicts can return to carry out social functions in community life. What is meant by former drug addicts here is a person who has recovered from dependence on drugs physically and psychologically. Social rehabilitation of former drug addicts can be carried out at social rehabilitation institutions appointed by the Minister of Social Affairs. Namely social rehabilitation institutions organized both by the government, and by the community

 

 

CONCLUSION

The Community Service Program (KKN) in Bahung Sibatu - Batu Village aims to raise awareness and produce dominant and quality resources in the Bahung Sibatu - Batu Village community to improve the quality of knowledge and support the household economy. Awareness of human resources on the importance of utilizing land which is narrow to make one of the efforts in developing a modern farming system with hydroponic cultivation which is very practical and environmentally friendly.

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Copyright holders:

Mohamad Ali Syaifudin, Abdullah Sulaiman, Vientje Ratna Multiwijaya (2023)

First publication right:

Injurity - Interdiciplinary Journal and Humanity


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