Yurisdiksi: Jurnal Wacana Hukum dan Sains (Nov 2017)

Rehabilitation For Addicts For Victims To Spike Narcotics In The Penal System

  • Priambodo Adi Wibowo,
  • Sinarianda Kurnia H

Journal volume & issue
Vol. 10, no. 2
pp. 19 – 45

Abstract

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Ratio decidendi in the decis ion fo r the rehabilitation of drug addicts is the judge cons idering the health condition of drug addicts in the decis ion making. The health condition of drug addicts known by reques ting information fro m the doctors ass ociated with the dis eas e and how to handle. In addition to the health of drug addicts , the ratio decidendi in the decis ion on rehabilitation is to meet the criteria that addicts are victims , the abus e of drugs for thems elves , not dealers , and personal poss es s ion of drugs . Ius cons tituendum as criminal law as pired are calls for legal protection to drug addicts . Legal protection is realized by way of cla rifying the characteris tics of drug addicts as victims that dis tinguishes between addicts with dealers , as well as clarify the owners hip category. Legal p rotection is als o realized by providing a s ufficient rehabilitation in human res ources , facilities and s ys tems . Recommendations from the results of this s tudy are s etting penalties for abus ers of drugs s hould be revis ed and lead to as pects of treatment for drug addicts , which is realized with the rehabilitation of drug addicts as an attempt depenalitation. This is cons istent with the concept of s elf-victimizing victims . BNN, Min is try of Hea lth, IPW L and commun ities s hould participate actively in the imple mentation of rehabilitation by building ins titutions of rehabilitation.

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