LEGAL REVIEW OF CRIMINAL PRISON AND REHABILITATION FOR NARCOTICS ABUSE ADDICTS

Abstract

The application of the criminal punishment system to perpetrators of drug abuse crimes prioritizes a humanistic approach that considers the principle of individualization of punishment in the use of criminal sanctions as a means of overcoming crime. The application of actions in the form of medical and social rehabilitation aims to improve the condition of drug abusers so that they are free from drug dependence so that they can return to society naturally. The imposition of criminal penalties on drug abusers is considered inappropriate because the existence of Article 103 of the Narcotics Law contains elements that are in accordance with the purpose of its issuance, namely, preventing, protecting, and saving the Indonesian nation from drug abuse so that the imposition of rehabilitation sentences for drug abusers can be carried out simultaneously instead of imposing prison sentences. The judge's legal consideration in imposing a prison sentence and rehabilitation for drug users is that when arrested, evidence was found in the form of class I narcotics, type of crystal methamphetamine weighing no more than 1 (one) gram) for one day's use, and there was a laboratory test letter where the defendant's urine tested positive for using narcotics and in court the defendant was not proven to be involved in the illicit trafficking of narcotics, but the defendant bought it for his own use.