Criminal Law Policy (Penal Policy) in the Formulation of Criminal Sanctions Against Narcotics Crimes in Indonesia

Abstract

To overcome the problem of drug crimes, it is necessary to have a criminal law policy (penal policy). This policy must be concentrated on two things, the first is aimed at applicable policies, namely policies on how to apply the criminal law laws and regulations currently in force in order to deal with drug problems and the second is formulative policies or policies that lead to reform of criminal law (penal law reform) namely policies on how to formulate criminal law legislation which is also related to the concept of the new Criminal Code (KUHP), especially in the context of tackling drug crimes in the future. This research uses a descriptive analysis methodology with a normative juridical approach with secondary data sources. It is hoped that the results of this research will be able to provide answers regarding the most appropriate form of sanctions to be applied to perpetrators of drug crimes. The policy of formulating criminal sanctions according to the drug law in the future for perpetrators of drug crimes in Indonesia is in line with the general provisions contained in the National Criminal Code (KUHP) Concept and in accordance with the decision of the Constitutional Court regarding the death penalty provisions, taking into account: The death penalty is no longer a crime. principal, but as a special and alternative punishment, the death penalty can be imposed with a probationary period of ten years which, if the convict behaves commendably, can be changed to life imprisonment or 20 years g. The death penalty cannot be imposed on children who are not yet adults. The execution of the death penalty against pregnant women and someone who is mentally ill is postponed until the pregnant woman gives birth and the mentally ill convict recovers.