LAW ENFORCEMENT BASED ON THE PRINCIPLE OF JUSTICE FOR ADDICTS AND VICTIMS OF DRUG ABUSE

Abstract

Drug addicts and victims of drug abuse are often positioned as perpetrators of crimes, rather than as individuals in need of help. The purpose of this study is to analyze the reformulation of legal policy to harmonize the interpretation of provisions and the application of articles in the Narcotics Law to achieve justice for drug addicts and victims of drug abuse and to analyze the law enforcement model based on the principle of justice for drug addicts and victims of drug abuse in the Indonesian criminal justice system. The research method used is normative juridical legal research. The research findings indicate that reformulating the Narcotics Law is crucial for aligning legal norms with practice, particularly to position addicts as subjects of rehabilitation, not criminals. This step aligns with the principles of restorative justice, the principle of legality, and the protection of human rights in the criminal justice system. Law enforcement for addicts must shift to a restorative and rehabilitative approach based on substantive justice. Regarding the reformulation of legal policy in the Narcotics Law, the Government and lawmakers should immediately reformulate it through revisions or derivative regulations to align the interpretation and practice of the articles, particularly regarding the position of addicts and victims as subjects entitled to rehabilitation, not criminal punishment. Courts, prosecutors, and the police should prioritize a rehabilitative approach based on the results of medical and social assessments to prevent unfair, repressive approaches. Regarding the justice-based law enforcement model, the Government and policymakers should immediately encourage the reformulation of narcotics policy with a restorative and rehabilitative approach, and consider the establishment of a Drug Treatment Court. Synergy between legal institutions, health institutions, and civil society needs to be strengthened to create a more humane system.