Legal Protection of Narcotic Abusers: A Restorative Justice Perspective

Abstract

The increasing of narcotics cases from year to year makes the government must be more introspective related to the distribution of narcotics that comes from outside as well as the distribution that comes from inside. The research uses a socio-legal approach. This approach used to look at legal aspects of social interaction in the communities. The research site is Kediri, East Java province, Indonesia. The results show that the State and Government have an obligation to provide legal protection against narcotics abusers. Abusers are the citizen who must be fulfilled their rights. The appropriate treatment for a narcotics abuser is getting medical and social rehabilitation. By medical rehabilitation, narcotics abusers can recover from their dependence on narcotics and become a healthy person. Implementing restorative justice to narcotics abusers is not to bring narcotics abusers who have been arrested directly using narcotics without rights or against the law into the legal process, but place them in a place of medical and social rehabilitation. In realizing restorative justice, there are obstacles to narcotics crime includes no regulation equal to the law on the regulation of restorative justice especially for narcotics abusers as victims which can be used as guidelines by law enforcers to enforce restorative justice for narcotics abusers.

Keywords: Criminal Law; Drugs; Narcotics; Restorative Justice

DOI: 10.7176/JLPG/88-09

Publication date: August 31^st 2019