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Jeki Noviardi
Pasca Sarjana Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi

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Politik Hukum Pidana terhadap Formulasi Sanksi Penggunaan Narkotika dalam Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Mukhtar Latif; Kholil Syuaib; Reza Iswanto; John Kennedy; Abdurahman Syayuthi; Jeki Noviardi; Dian Eka Putra
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2079

Abstract

Problems arising in criminal law policy related to the formulation of sanctions for drug users in Law Number 35 of 2009 concerning Narcotics include the lack of clarity in distinguishing between addicts and dealers, inconsistent application of penalties, and the lack of a rehabilitation approach as an alternative to criminal punishment. This often results in users who should be receiving treatment being imprisoned, making it difficult to achieve the goals of recovery and reducing social impacts. Furthermore, there are challenges in integrating an understanding of international law and developments in health sciences with existing regulations in Indonesia. The research method applied uses a legislative approach with a six-month activity plan. The scope or object of study in this research includes criminal law policy and the establishment of criminal sanctions for drug abuse. The legal materials used consist of primary, secondary, and tertiary legal materials. The research location is focused on the Indonesian jurisdiction, with data collection techniques in the form of document studies. Data analysis was conducted using qualitative analysis methods. The results of this study are the problem in the regulation in Law Number 35 of 2009 concerning Narcotics regarding the use of narcotics is the application of harsh penalties for narcotics cases in Indonesia often does not clearly differentiate between users and dealers, so that many users who should receive rehabilitation are instead imprisoned and increasingly experience negative stigma. Law enforcement is also often inconsistent because the authorities have difficulty distinguishing users from dealers due to the unclear definition of narcotics in the regulations and criminal law politics regarding the formulation of sanctions for the use of narcotics in Law Number 35 of 2009 concerning Narcotics is directed at creating a balance between firm legal action to overcome narcotics abuse and providing rehabilitation opportunities for addicts in order to reduce the number of circulation, reduce negative impacts and save the younger generation from the dangers of narcotics more effectively and holistically.
Politik Hukum Pemidanaan dan Rehabilitasi Pecandu Narkotika dalam Perspektif Hukum Pidana Islam dan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Reza Iswanto; Jeki Noviardi; Wahyu Hidayat; Vonny Wulandari; Dedi Sumanto
Wajah Hukum Vol 10, No 2 (2026): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i2.2190

Abstract

The legal policy regarding the punishment and rehabilitation of narcotics addicts as found in both Islamic criminal law and Law Number 35 of 2009 concerning Narcotics is considered ambiguous. This ambiguity stems from a lack of clarity in law enforcement regarding whether addicts should be treated as criminals or as victims in need of rehabilitation. Such policies often lead to divergent interpretations among law enforcement officials and the public, resulting in legal uncertainty. This study employs a statutory approach to analyze the mechanisms of punishment and rehabilitation. Conducted over a six-month period, the research focuses on Islamic criminal law and Law Number 35 of 2009, specifically examining the legal parameters governing punishment and rehabilitation. Legal materials were categorized into primary, secondary, and tertiary sources. Data collection relied on document analysis, the study was conducted in Indonesia, and the data underwent qualitative analysis. The findings indicate that while Islamic criminal law addresses the punishment and rehabilitation of addicts governing the handling of drug abusers through principles of justice and the public interest Law Number 35 of 2009 focuses on legal aspects and public protection, incorporating medical and social rehabilitation efforts to offer addicts a chance at recovery. Furthermore, the study concludes that the legal policy regarding the punishment and rehabilitation of addicts under both legal frameworks requires reformulation to carefully incorporate the principles of justice found in Islamic criminal law. The proposed policy should be holistic, clearly distinguishing between addicts and perpetrators of drug-related crimes; this approach aims to reduce the negative stigma often associated with narcotics users.