KEBIJAKAN FORMULASI TERHADAP TINDAK PIDANA PENGGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

Abstract

The purpose of this study is to determine the policy formulation of criminal sanctions according to the narcotics law against narcotics offenders at present and in the future. In addition, to find out the Implementation of Positive Criminal Law in the Criminal Justice System Against Narcotics Abuse. Research background that trafficking or trafficking of narcotics was considered as one of the serious crimes in the international world, not least in Indonesia. As a form of Indonesia's commitment to take an active role and encourage world initiatives in combating narcotics abuse. One of the rational efforts used to tackle narcotics crime is the approach of criminal law policy. The research method used is normative juridical, namely by studying or analyzing secondary data. So this research is understood as library research. The results showed that the regulation of narcotics crimes was regulated in Law No. 35 of 2009 concerning Narcotics. However, the policy formulation of legislation has several weaknesses. The existing system of rehabilitation of narcotics addicts in Indonesia has not yet implemented the idea / balance idea as basic values in Indonesian society. The current system of narcotics addict rehabilitation policies only prioritizes the protection of the interests of the community which is a reflection of the crime as a means to prevent crime. While the protection of individuals (perpetrators of crime) received less attention. The Implementation of Positive Criminal Law in the Criminal Justice System Against Narcotics Abuse is currently contained in Article 21 of the Criminal Procedure Code and Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics. It is understandable that detainees or defendants of class I narcotics abuse crimes cannot be detained because they do not meet normative requirements, even though in the initial handling process, they are investigations and investigations. The detention is important, but the impact of the implementation of the two articles in order to use and promote the principle of legality is not in accordance with what is expected due to the loss of the suspect's trace, namely escaping along with the loss of evidence and resulting in the process of handling the narcotics suspects. Keywords: Formulation Policy, Narcotics Abuse, Law of the Republic of Indonesia Number 35 Year 2009 Regarding Narcotics