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p-Index From 2021 - 2026
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All Journal Jurnal Ius Constituendum JURNAL USM LAW REVIEW
Faidatul Hikmah
Faculty of Law, Universitas Bangka Belitung
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Reform on Rehabilitation for Drug Users as an Ultimum Remedium Effort Candra Jaya; Faidatul Hikmah
JURNAL USM LAW REVIEW Vol. 7 No. 1 (2024): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i1.8803

Abstract

This study explores Indonesia's legal approach to narcotics rehabilitation under Law Number 35 of 2009, focusing on a shift from punitive measures to a public health framework. Article 54 mandates both medical and narcotics rehabilitation for addicts, emphasizing a commitment to breaking the cycle of dependency. Through analyzing legal provisions, Supreme Court circulars, and joint regulations, this research highlights a three-stage rehabilitation process: medical, non-medical, and aftercare phases. Emphasizing rehabilitation over punishment, insights align with the ultimum remedium principle, advocating for alternative policies. Results reveal a progressive legal landscape recognizing narcotics users as individuals in need of treatment. Supreme Court circulars and joint regulations aim to address challenges, emphasizing the importance of collaboration between legal, health, and social entities for an effective narcotics rehabilitation system in Indonesia. This legal mandate signifies a pivotal shift towards a holistic, public health-oriented response to narcotics offenses, reflecting an acknowledgment of addiction's multifaceted nature. Ongoing collaboration is crucial for successfully integrating rehabilitation into the legal framework, ensuring a compassionate and effective response to narcotics-related issues.
The Criminal Proof Mechanism for Gorilla Tobacco-Type Drug Crimes Under Guideline Number 11 of 2021 in Indonesia David Sianturi; Faidatul Hikmah
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.8802

Abstract

This study explores the legal intricacies of drug crimes involving substances like Gorilla Tobacco under Indonesia's Narcotics Law, aiming to address disparities in penalty severity. Employing legal normative methods, conceptual approaches, and statutory analysis, it examines key provisions of the law, particularly the proving mechanism for Gorilla Tobacco offenses and the significance of Guideline No. 11 of 2021. Emphasizing the need to standardize evidence calculation and suspect qualifications for a fair legal foundation, the research highlights the complexities in investigating and prosecuting Gorilla Tobacco-related crimes. It underscores the importance of international collaboration and community involvement in addressing these challenges. Through structured analysis, this study provides valuable insights into the evolving mechanism of criminal proof for Gorilla Tobacco offenses, advocating for fairness and effectiveness within the criminal justice system. The incorporation of Guideline No. 11 proves pivotal in this pursuit, offering a balanced response to the dynamic nature of drug-related crimes and the evolving legal landscape in Indonesia.
Co-Authors Candra Jaya David Sianturi