Problems in Deciding the Case of Narcotics Abuse (The application of Article 127 of Law No. 35 of 2009 on Narcotics)

Abstract

The abuse of narcotics is now a common enemy that encourages the formation of various related regulations. However, on the implementation level, there are problems in deciding cases of narcotics abuse, especially related to the application of Article 127 of Law no. 35 of 2009 on Narcotics. This study aims to identify problems in deciding cases of narcotics abuse in order to identify the solution. The method used in this research is normative juridical. The results showed that there are two main issues that arise. First, the tendency of the Prosecutor to indict the abuser by Article 111 or 112 of Law no. 35 of 2009. Although there is currently a SEMA no. 3 of 2015, in which judges may violate the specific minimum criminal threats, the application of SEMA still creates a polemic. Secondly, the perspectives of prosecutors and judges who tend to convict drug abuse prisoners rather than ordered to rehabilitate them.