THE CONCEPT OF DECRIMINALIZATION OF DRUG USERS IN LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS

Abstract

Along with the development of progressive legal thinking and human rights, the discourse of decriminalization of drug users has emerged as an alternative to criminal law policies that are more humanistic, rehabilitative, and based on a public health approach. The problems faced are how is the legal position of drug users in positive Indonesian law and how to reconstruct the legal concept of decriminalization of drug users in Law Number 35 of 2009 concerning Narcotics. The type of research used is empirical legal research that combines legal aspects (legal) with empirical data (facts in the field). This research will use a descriptive analytical method. The types of data used are primary and secondary data. The data collection techniques are observation, interviews and documentation. The approaches used are the statutory, case and comparative approaches. The presentation of the results of the analysis of legal materials in this study uses a descriptive method.The results of the study show that in positive Indonesian law, especially Law No. 35 of 2009 concerning Narcotics, drug users who are dependent are positioned as victims who have the right to receive medical and social rehabilitation. The legal approach to users emphasizes the rehabilitative and restorative aspects, as long as they are not involved in the illicit drug trafficking network. This reflects legal efforts to balance law enforcement and addiction recovery, while maintaining legal certainty and public health protection. Law No. 35 of 2009 concerning Narcotics does not fully adopt decriminalization, but instead applies limited decriminalization through mandatory rehabilitation for addicts and victims of abuse as regulated in Article 54. Users are viewed as victims of addiction, but can still be subject to criminal sanctions if they do not undergo rehabilitation or are involved in drug trafficking. Thus, decriminalization only applies to a limited extent in the context of recovery for users who meet the requirements.