NORM REFORMULATION AND RECONSTRUCTION OF NARCOTICS ABUSER IN INDONESIA CRIMINAL JUSTICE SYSTEM

Peneliti

Assoc. Prof. Dr. Sahat Maruli Tua Situmeang, S.H., M.H.

Deskripsi/Abstrak

Mistakes in understanding a legal concept will lead to errors in making an interpretation, so that it will lead to mistakes in making a decision. However, misunderstanding of the concept of law is very dependent on mistakes in understanding the nature of an object in the form of written legal norms. As is the case in Law Number 35 Year 2009 concerning Narcotics, relating to the concept of narcotics abusers and the concept of narcotics victims with the obligation to implement rehabilitation in Article 127 paragraph (3) of Law no. 35/2009. This study aims to show the location of the errors in the formulation of these two concepts and to reconstruct norms that are aligned with the philosophical foundation of Law No. 35/2009. This study uses a normative juridical method by using secondary data consisting of three legal materials, namely primary, secondary and tertiary. This study also uses the method of philosophical approaches, conceptual approaches, and case approaches.