The reconstruction of rehabilitation for addictives and drug abuses in human rights perspective

Abstract

Efforts to prevent, protect and save the Indonesian people from the abuse of Narcotics as intended by The Law Number 35 of 2009 concerning Narcotics are carried out through rehabilitation. The rehabilitation can release users from dependence and reduce the danger of disease for addicts and victims of abuse. The existence of rehabilitation is essentially the protection of human life and basic rights to health. It is in accordance with human values ??and legal objectives, namely to provide justice, benefit and legal certainty. These values ??are the basis for consideration that rehabilitation needs to be mandatory for addicts and victims of narcotics abusers. The overcoming narcotics crime by imposing imprisonment on addicts and victims of narcotics abuse certainly cannot break the chain of narcotics abuse. However, in practice, not all addicts and victims of narcotics abusers receive rehabilitation sanctions. The majority of the demands of the public prosecutor against the defendant are imprisonment, and only a few are demanding the imposition of rehabilitation, as well as the judge's decision. This is the evidence that the public prosecutor rarely demands rehabilitation for narcotics defendants. The existence of legal counsel and expert testimony is seen significant in influencing the judge to give a rehabilitation decision. This study will discuss on: 1) Analysis of judge's decisions for addicts and victims of narcotics abusers and 2) Reconstruction of rehabilitation arrangements in the narcotics law in the future. This research is normative juridical research examining various regulations regarding rehabilitation for addicts and victims of narcotics abusers as well as court decisions related to this problem. The legal materials used are analyzed qualitatively and presented in an analytical descriptive manner.

The Regulation of Drug Abusers Rehabilitation in the Legal System of Indonesia

“…35 of 2009, which pertains to narcotics. [11] In Indonesia, does indeed establish distinct measures for individuals who engage in drug misuse. The rehabilitative approach employed within the legal context aims to perceive drug users or addicts as individuals requiring treatment and rehabilitation.…”

Implicit Attitudes of New-Type Drug Abstainers towards New-Type Drugs and Their Relapse Tendencies

“…Drug abuse is a type of crime that has (potential) social and complex impacts. Complexity in dealing with narcotics crimes occurs when criminal law is the main choice [ 1 ]. In the current study, only abstainers who had used new-type drugs exclusively prior to abstention were recruited as participants.…”

“…These results also showed the current situation of drug abuse in China: methamphetamine is the most popular new-type drug, and the Chinese still lack education about the harm of drugs, resulting in their superficial understanding of drugs. However, in practice, not all addicts and victims of narcotics abusers receive rehabilitation sanctions [ 1 ].…”

“…Efforts to prevent, protect and save the Indonesian people from the abuse of narcotics as intended by The Law Number 35 of 2009 concerning narcotics are carried out through rehabilitation [ 1 ]. According to Criminal Law of the People’s Republic of China , Article 357 , drugs refer to heroin, opium, methamphetamine, cannabis, morphine, cocaine and other narcotic or psychotropic substances that are regulated by the country [ 2 ].…”