The Implementation of Imprisonment Sanction Followed by Rehabilitation Sanction for Narcotics Abusers (A Case Study of Verdict Number 47/Pid.Sus/2017/PN.Slk)

Abstract

In the present study, the research problems proposed are: 1) What is the basic consideration of the judges in imposing the criminal and rehabilitation sanction on the perpetrators of narcotics abuse? 2) How is the proof of a case whose verdict is a criminal sanction? and 3) How is the implementation of imprisonment and rehabilitation sanction verdicts? In answering the research problems, juridical empirical approach is chosen to obtain primary data directly from informants and secondary data from primary of law materials including secondary and tertiary law materials. As a result, it can be concluded that there is a chance for a judge to impose imprisonment sanction and sanction for actions in a form of rehabilitation to perpetrators of narcotics abuse, but, in fact, it is challenging because of some reasons; one of which is the existence of various perceptions of law enforcement officers on the implementation of the laws, specifically on the Law number 35 of 2009 concerning Narcotics. Moreover, there is no strict provision regulating the procedures of the implementation of the law. As a result, it encounters many challenges in its implementation for the related institution. However, it should be concerned for the regulation makers for the realization of law enforcement reflecting justice, legal certainty, and benefits in the society.