Juridical Analysis for Drug Users Sentenced to Rehabilitation and Prison Case Study Verdict Number: No 157/Pid.Sus/2023/PN Bna

Abstract

In accordance with " Chapter 127 paragraph (3) Act No. 35/2009 ” about Narcotics, abuser or victim abuse narcotics must get rehabilitation, both medical rehabilitation and social rehabilitation. However, based on Article 157/Pid.Sus/2023/PN Bna. Legal Protection Act, Via education, study This can help they Which involved in narcotics abuse or who are victims of narcotics abuse. The case approach and statutory approach are used in the approach methodological of this research. Collect legal sources related to analysis nature deductive in a way literature. Based on results study, there is a need for rehabilitation for those who have been found guilty of follow criminal narcotics, as arranged in Chapter 54 Constitution Narcotics in 2009. This is because they have been found guilty those involved in narcotics crimes often experience mental and physical pain, so that need rehabilitated. Decision Number: 157/Pid.Sus/2023/PN Bna Court Country Banda Aceh replace punishment seven year six month prison and a fine of Rp. 800,000,000,- (eight hundred million rupiah) if not paid replaced with punishment prison during three month. Although has fulfill the requirements of Article 127 paragraph (1), he noted that the application of justice Restorative believes that punishing narcotics addicts is not appropriate because more focused on retribution than recovery.