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24 Pt. 2 J. Legal Ethical & Regul. Isses 1 (2021)
Advanced System of Medical Rehabilitation and Criminal Sanctions for Narcotics Abuse

handle is hein.journals/jnlolletl2424 and id is 857 raw text is: 
Journal of Legal, Ethical and Regulatory Issues


                ADVANCED SYSTEM OF MEDICAL
 REHABILITATION AND CRIMINAL SANCTIONS FOR
                            NARCOTICS ABUSE

       Jumriani   Nawawi,   Institut Agama Islam Negeri Bone (IAIN) Bone
                     Farida  Patittingi, Hasanuddin University

                                      ABSTRACT

       Rehabilitation for abusers, addicts and victims of narcotics is a treatment process to free
addicts from dependence, and the period of undergoing this rehabilitation is calculated as the
period of a sentence. Abusers, addicts and victims of narcotics abuse, should not be ashamed of
participating in a rehabilitation program. The research is a normative legal research using a
statute, case, and conceptual approaches. The results show that the essence of the imposition of
medical rehabilitation and criminal sanctions means health protection and social protection.
The  concept of cumulative sanctions for the imposition of sanctions on narcotics abusers is
required. The classification of the imposition of sanctions based on the level of use can be used
to determine and determine the appropriate sanctions. Cumulative sanctions are proposed as a
concept with the aim of creating harmony between the treatment or treatment component with
the aim of healing and the retaliation component with the aim of providing a deterrent effect on
narcotics abusers.

Keywords:  Drugs, Criminal Law, Law Reform, Narcotics, Rehabilitation, Victims

                                   INTRODUCTION

       Narcotic is a substance or drugs derived from plants or non-plants, both synthetic and
semi-synthetic, which can cause decreased and altered consciousness, loss of pain and can lead
to dependence (Juliana, 2019). On the one hand, the availability of narcotics is a drug that is
useful in the field of medicine or health services and the development of science, but on the
other hand it creates a very detrimental dependence if it is misused.
       Expressly, Indonesia states its commitment to fighting the abuse and illicit trafficking of
narcotics, various specific regulations regarding narcotics in the form of laws have been made
with the aim of fighting and eradicating narcotics crimes. The Single Convention on Narcotic
Drugs  (1961) and its amendment  protocol in 1972. Through coordination and commitment
among   law enforcers in placing addicts and victims of narcotics abuse into rehabilitation
institutions, it is hoped that it can reduce the increase in the number of cases of narcotics abuse
(Hussain, 2020).
       Rehabilitation for abusers, addicts and victims of narcotics is a treatment process to free
addicts from dependence, and the period of undergoing this rehabilitation is calculated as the
period of a sentence. Abusers, addicts and victims of narcotics abuse, should not be ashamed of
participating in a rehabilitation program, because addicts are sick people. In BNNP of South
Sulawesi, Sudaryanto said addicts who report themselves will not be convicted or imprisoned,
because it is guaranteed by Act No. 35 of 2009 that drug addicts must be rehabilitated
       The role of rehabilitation in healing and treating narcotics abusers is very important, due
to the increasing number of narcotics abusers. Based on the investigation, it was found that
neighboring country such as Malaysia had previously placed its citizens who were categorized
as drug users as victims and no longer as criminals (Prasetyo, 2019). In Malaysia, drug users or
addicts get a verdict to be rehabilitated although with a maximum limit of 3 (three) times.
Another example  is Portugal, this country decided to declare that drug addicts who are defined


Legal Ethics and Responsibilities


Volume 24, Special Issue 6, 2021


1


1544-0044-24-S6-80