RECONSTRUCTION OF DRUG CRIME MITIGATION POLICIES BASED ON JUSTICE VALUES
Farman, 2023, Doctoral Study Program in Law, Diponegoro University. "Reconstruction of Policy for Combating Drug Crimes Based on Justice Values". This study aims to examine 1) How is the implementation of criminal sanctions policies and actions in law enforcement against drug crimes today? 2) What are the weaknesses in the application of criminal sanctions policies and actions in law enforcement over drug crimes? 3) How Reconstruction of drug crime prevention policies based on the value of justice. The research method used is the juridical-normative method with a statutory approach, a concept approach, and a comparative approach. The results showed that; 1) The policy of criminal sanctions and actions in law enforcement against drug crimes currently does not meet the elements of justice, because there are still several obstacles in its implementation, including; a) Not Achieving the Goal of Criminalization: Deterrent Effect, b) Not Achieving the Goal of Criminalization: User and Community Health, c) Principle of Costs and Results: High Costs of Criminalization and Lack of Results, d) Unclear terms abusers, addicts, drug victims have an impact on criminal sanctions and rehabilitation, e) Criminalization of parents and the community who do not report becomes less effective in law enforcement against drug eradication. 2) Weaknesses in the Criminal Sanctions Policy in Law Enforcement for Combating Drug Crimes in Indonesia, including; a) Unclear definition and status between addicts, abusers, and victims of narcotics abuse, b) abusers are subject to punishment and lose their rehabilitation rights, unless they can be proven or proven to be narcotics victims, c) are not clearly regulated regarding addicts who violate the law by addicts who are not against the law, d) Confusion of Unlawful Criminal Offenses with elements of "controlling", "possessing", "keeping", and/or "buying" narcotics, e) Not attaching importance to intentional elements in narcotic crime, f) Criminalization for people parents and people who do not report, g) Equality of Sentences for Trials and Crimes Completed. 3) Reconstruction of Criminal Sanctions Policy in Law Enforcement for Combating Drug Crimes in Indonesia can be carried out in the following ways: a) Confirmation of the Terms of Definition and Status between Addicts, Abusers, and Victims of Narcotics Abuse, b) Affirmation of Rehabilitation Rights for Drug Abusers and Drug Victims , c) Affirmation of the term drug users who are against the law with users who are not against the law, d) affirmation of the element of intent in narcotics crimes, e) affirmation of unlawful criminal offenses with elements of "controlling", "possessing", "keeping", and or "buying" narcotics, f) Elimination of criminalization for parents and the community with other methods, g) Given different punishments for probation and completed criminal acts
Reconstruction, Policy, Crime, Drugs, Justice.