Lentera:Indonesian Journal of Multidisciplinary Islamic Studies
Vol 8 No 1 (2026): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies

Reconstructing Non-Penal Policy under Law No. 35 of 2009 on Narcotics: A Maqāsid al-Sharīʿah Perspective

Muhammad Hasan Nasution (Sekolah Tinggi Agama Islam Al-Hikmah Tebing Tinggi)
Nispul Khoiri (Universitas Islam Negeri Sumatera Utara)
Zulkarnain Zulkarnain (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
20 Jul 2026

Abstract

Narcotics abuse constitutes a multidimensional problem that threatens individual well-being, intellect, family integrity, social order, and national resilience. The problem lies in the fact that the non-penal policies established under Law Number 35 of 2009 on Narcotics remain fragmented, particularly in prevention, rehabilitation, community participation, and interinstitutional coordination, and have not yet formed an integrated and sustainable system of human protection. This study aims to analyze the construction of non-penal policies under Law Number 35 of 2009 and formulate their reconstruction based on Maqāṣid al-Sharī‘ah. Employing normative juridical research, this study uses statutory, conceptual, and case approaches, with the framework of al-kulliyyāt al-khams comprising the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), progeny (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that existing non-penal policies have not sufficiently integrated these five objectives because their implementation remains sectoral and discontinuous. The reconstruction establishes five interconnected pillars: prevention, rehabilitation, community participation, interinstitutional coordination, and sustainability of intervention. The implication is a shift from fragmented and predominantly reactive interventions toward an integrated, preventive, rehabilitative, participatory, coordinated, and sustainable policy framework. Such reconstruction extends protection beyond rehabilitation by strengthening family and community support, social reintegration, and the capacity of recovered individuals to live independently, productively, and with dignity.

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Journal Info

Abbrev

lentera

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

LENTERA invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related to Islam, Muslim society, and other religions which covers textual and fieldwork investigation with various perspectives of law, philosophy, mysticism, history, art, ...