Karya Ilmiah

DISERTASI (389) - Reskonstruksi Pengaturan Rehabilitasi Dalam Undang-Undang Nomor 35 Tahun 2009 Tentang Tindak Pidana Narkotika

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Reconstruction of Rehabilitation Arrangements in Law Number 35 of 2009
Concerning the Criminal Act of Narcotics begins with Article 54 of the Narcotics
Law which regulates rehabilitation for addicts and victims of narcotics abuse who
are obliged to undergo rehabilitation but there is a conflict of regulatory norms in
Article 127 there is a phrase "can" which is interpreted as not compulsory,
besides that Article 103 also states that a judge examining a case of a narcotic
addict can decide to order the person concerned to undergo treatment and / or
treatment through rehabilitation, thereby creating norm inconsistencies. In this
dissertation, there are several problems, namely the Legislative Ratio of
Rehabilitation Arrangements in Law Number 35 of 2009 concerning Narcotics
Crime and Reconstruction of Rehabilitation Sanctions in the Narcotics Law.In
answering and analyzing the two legal problems, the writer uses several
approaches, namely the statutory approach, the comparative approach, the case
approach and the conceptual approach. From this approach, the authors found
and obtained the following answers, the Legis Ratio of rehabilitation
arrangements required rehabilitation obligations considering that addicts and
victims of narcotics abuse have a right to health / human rights redaction. The
answer to the second problem is to reconstruct and amend the formulation of
Article 103 Jo. Article 127 of the Narcotics Law regarding the phrase "can"
becomes mandatory, given that the idea of rehabilitation was sparked from
philosophical, cultural and sociological aspects. The State of Indonesia is a
multicultural country that puts Pancasila as the state ideology and the source of
all sources of law.The conclusions and suggestions in this dissertation, Article
103 of the Criminal Code will be reconstructed by replacing the word "can", to
"mandatory", so that there is legal certainty for judges who will pronounce
rehabilitation decisions on narcotics addicts. For victims of narcotics abusing as
regulated in Article 54, and abusers who are still subject to imprisonment as
stipulated in Article 127, they are given the opportunity to be placed in
rehabilitation centers if proven not to be dealers as an effort to depenalize drug
abuse for victims and drug addicts.
Keywords: Rehabilitation Sanctions, Narcotics, Abuses and victims, Ratio legis of

rehabilitations

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Ketersediaan

031517017357

389 Sai r

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

389 Sai r

Penerbit

Surabaya : Fakultas Hukum Unair., 2021

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

TINDAK PIDANA NARKOTIKA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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