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Ryan Adhi Pradana
Universitas Bung Karno, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of rehabilitation sanctions for victims of narcotics abuse for the sake of legal certainty Ryan Adhi Pradana; Hartana Hartana; Nyoman Tio Rae
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4253

Abstract

Drug abuse poses a serious global threat, including in Indonesia. To address this issue, the implementation of rehabilitation sanctions as an alternative to imprisonment has been introduced by law. However, despite aiming to protect and aid victims of drug abuse, the application of rehabilitation sanctions faces significant challenges regarding legal certainty. Research, using a normative legal approach and content analysis of narcotics and rehabilitation regulations, along with a study of court decisions related to rehabilitation sanctions, reveals fundamental issues. One key finding is the inconsistency in defining drug abuse victims, impacting the understanding and implementation of rehabilitation sanctions. Moreover, the term "may" in the law creates ambiguity concerning judges' obligations to impose rehabilitation sanctions. Practical constraints, like limited rehabilitation facilities and inadequate understanding of rehabilitation approaches among law enforcement, also affect effectiveness. Addressing these issues requires clarifying definitions, enhancing law enforcement's understanding through training, and improving rehabilitation facilities. The goal is to provide comprehensive protection and optimal recovery for those affected by drug abuse, ultimately benefiting Indonesia's criminal justice and rehabilitation systems.
Co-Authors Hartana Hartana Nyoman Tio Rae