Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Jurnal Kajian Hukum Dan Kebijakan Publik
Edi Utomo
Fakultas Hukum, Universitas Dirgantara Marsekal Suryadarma, Jakarta, Indonesia
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Pertanggungjawaban Pidana Pecandu Narkotika dalam Perspektif Hukum Progresif Edi Utomo
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 4 No. 1 (2026): Juli - Agustus
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/jkhkp.v4i1.2350

Abstract

Drug abuse in Indonesia raises legal issues because addicts are often positioned as both perpetrators of criminal acts and victims of dependence. Although Law Number 35 of 2009 concerning Narcotics regulates rehabilitation as a form of treatment for addicts, judicial practice is still dominated by a criminal approach. This study aims to analyze the construction of criminal responsibility for drug addicts in Indonesian positive law and examine the progressive legal approach as an alternative treatment. The study uses a normative juridical method with a statutory approach, a conceptual approach, and a case approach through an analysis of Supreme Court Decision Number 2241 PK/Pid.Sus/2025. Legal materials were obtained through literature studies and analyzed qualitatively. The results of the study indicate that Indonesian positive law has provided a normative basis for rehabilitation through Articles 54 and 103 of the Narcotics Law, but its implementation has not been consistent, resulting in addicts still often being sentenced to imprisonment. The progressive legal approach offers a more humane paradigm by positioning rehabilitation as a form of criminal accountability oriented toward recovery, thus better achieving substantive justice, protecting human rights, and effectively combating drug abuse.
Co-Authors