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Upaya Hukum Rehabilitasi terhadap Penyalahgunaan Narkotika menurut Undang-undang No 35 tahun 2009 tentang Narkotika Praditya, Erry; Tejamukti, Robby; Yasarman, Yasarman
KANGMAS: Karya Ilmiah Pengabdian Masyarakat Vol 6 No 2 (2025): KANGMAS: Karya Ilmiah untuk Pengabdian Masyarakat
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/kangmas.v6i2.2126

Abstract

Law No. 35 of 2009 on Narcotics introduces a significant paradigm shift in handling narcotics abuse in Indonesia. The previous paradigm under Law No. 22 of 1997, which focused mainly on repressive measures, has evolved into a more comprehensive approach that integrates repressive, rehabilitative, preventive, and restorative dimensions. Articles 54, 55, and 103 mandate that drug users and addicts undergo medical and/or social rehabilitation, emphasizing that they should not be regarded solely as criminals but also as victims in need of recovery. This study employs a normative juridical approach by analyzing legislation and related legal instruments, such as Supreme Court Circular No. 4 of 2010 jo. Circular No. 3 of 2011. The findings show that the legal paradigm in the Narcotics Law strikes a balance between legal certainty, human rights protection, and social recovery objectives. Thus, rehabilitation policies are expected to reduce the rate of narcotics abuse while protecting Indonesia’s young generation.
Tanggung Jawab Sosial-Yuridis Kepolisian dalam Penegakan Hukum: Studi Kasus Kesalahan Tangkap Prabandani, Hendra Wahanu; Alwityas, Muhammad Rafliyo Reza; Setiawan, Ichwan; Tejamukti, Robby
HUMANIORUM Vol 2 No 1 (2024): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v2i1.42

Abstract

The criminal justice system has a crucial responsibility in conducting thorough investigations with an emphasis on gathering strong evidence and facts to determine the guilt of individuals in criminal cases and ensure that the convict is given the due rights. The criminal justice process in Indonesia begins with the investigation stage, which involves a series of investigative actions to uncover criminal acts. Investigators can make arrests if there is sufficient initial evidence. However, it is important to understand that the power of arrest must be regulated by law and must not be abused. This research adopts a qualitative approach with a focus on normative law. Data was collected through documents, interviews and observations. The aim of this research is to evaluate the legal structure, basic principles, related regulations, and their application in real situations. The research results show that arrest is an action that involves temporarily detaining a suspect or defendant if there is sufficient evidence for the purposes of investigation and prosecution. Wrongful arrests can occur due to individual identification errors. Wrongful arrest reflects weaknesses in the legal system and can harm wrongly arrested individuals. Victims of wrongful arrest have the right to compensation and rehabilitation in accordance with applicable law.