CD Skripsi

Pemberian Sanksi Rehabilitasi Bagi Penyalahguna Narkotika Berdasarkan Pasal 127 Dikaitkan Dengan Pasal 103 Undang-Undang Nomor 35 Tahun2009 Tentang Narkotika

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ABSTRACT
In decision No. 1243/Pid.Sus/2022/PN.Sby the defendant was declared legally and convincingly guilty of committing the crime of class I Narcotics abuse for himself. The Defendant was given a criminal sanction in the form of imprisonment for 2 (two) years but the Judge did not order or implement rehabilitation for the Defendant. Whereas in Article 127 paragraph (3) of Law No. 35 of 2009 clearly states that: "In the event that the abuser as referred to in paragraph (1) can be proven or proven to be a victim of narcotics abuse, the abuser is required to undergo medical rehabilitation and social rehabilitation." Thus the judge's decision does not reflect legal certainty.
The type of legal research is normative legal research. The data used is secondary data. Meanwhile, if seen from the nature of this research is descriptive.
The results of this study are that the provision of rehabilitation sanctions for narcotics abusers based on Article 127 is linked to Article 103 of Law Number 35 of 2009 concerning Narcotics, namely judges often do not give rights to narcotics users to carry out rehabilitation, even though in Law Number 35 of 2009 concerning Narcotics there is a guarantee rehabilitation for drug abusers. This article should be used as a basis for judges deciding cases of narcotics abuse for users and addicts to undergo medical rehabilitation and social rehabilitation aimed at recovering perpetrators from narcotics addiction. Legal certainty regarding the imposition of rehabilitation sanctions based on Article 127 is linked to Article 103 of Law Number 35 of 2009 concerning Narcotics against abusers and perpetrators of criminal acts, namely Law Number 35 of 2009 concerning Narcotics has provided legal certainty for the sanctions given, namely in the form of imprisonment (prison) and rehabilitation sanctions (medical and social) for each perpetrator. Law Number 35 of 2009 concerning Narcotics has 2 sides, namely a humanist side for narcotics addicts and abusers, and a tough and firm side for dealers, syndicates and narcotics dealers. However, what needs attention in its implementation is that imprisonment given to narcotics abusers is not an effective way to repair damage.

Keywords: Sanctions, Rehabilitation, Narcotics Abuse.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809110909

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809110909

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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