ANALISIS HUKUM TERHADAP TINDAK PIDANA NARKOTIKA DAN PSIKOTROPIKA DI INDONESIA BERDASARKAN UNDANG-UNDANG NO. 01 TAHUN 2023

Abstract

Narcotics and psychotropic crimes in Indonesia have become an extraordinary crime that threatens not only individual health but also social, economic, and national security order. This research aims to analyze the legal regulation of narcotics and psychotropic crimes in Indonesia and evaluate the effectiveness of law enforcement against perpetrators. Using normative legal research methods with statutory, conceptual, and case approaches, this study examines primary, secondary, and tertiary legal materials. The results show that although Law Number 35 of 2009 concerning Narcotics has regulated criminal sanctions comprehensively and firmly, its implementation still faces various obstacles, including inconsistencies in law enforcement, sentencing disparities, and the suboptimal implementation of rehabilitation for victims of abuse. The dualism between the justice approach and the medical approach has not been balanced, resulting in many users being criminalized even though the law mandates the right to rehabilitation. The conclusions of this study emphasize the need for regulatory reform to provide clearer guidelines regarding the threshold of narcotics ownership for users, strengthening coordination between law enforcement agencies and rehabilitation institutions, as well as increasing the capacity and distribution of rehabilitation facilities throughout Indonesia. This research recommends a more humane and sustainable approach in tackling narcotics crimes by prioritizing rehabilitation for victims of abuse while remaining firm against dealers and narcotics syndicates.