ANALISIS YURIDIS TERHADAP PENYALAH GUNA NARKOTIKA DALAM PUTUSAN 12/PID.SUS/2021/PN.BSK

Abstract

The issue of drug abuse in Indonesia has evolved into a complex national problem
involving legal, social, medical, and humanitarian dimensions This research aims to
analyze the legal reasoning of judges in sentencing drug abusers and to examine the
appropriate legal remedies when a decision fails to consider rehabilitation, with a
focus on Court Decision Number 12/Pid.Sus/2021/PN.Bsk. This study employs a
normative juridical method with both statutory and case approaches. The data
consist of primary legal materials, including court decisions and relevant legislation,
and secondary sources such as legal literature, journals, and doctrines. The analysis
is conducted through a descriptive-qualitative approach to assess the conformity of
the judicial decision with the applicable legal framework. The findings indicate that
the judicial considerations in Decision Number 12/Pid.Sus/2021/PN.Bsk do not fully
reflect substantive justice, as the judge imposed a prison sentence without taking into
account Article 127 paragraphs (2) and (3) in conjunction with Article 54 of the
Narcotics Law, which require the judge to consider rehabilitation for drug abusers.
In conclusion, this research underscores that sentencing for drug abusers should be
oriented toward rehabilitation as a form of recovery and human rights protection
rather than mere imprisonment.
Kata kunci: Sentencing, Drug Abuser, Rehabilitation, Legal Action