REFORMULATION OF THE FORMULATION OF OFFENSES IN LAW 35 OF 2009 CONCERNING NARCOTICS
This study aims to analyze the reformulation of the formulation of offenses in Law Number 35 of 2009 concerning Narcotics. The research method used is juridical normative. The results showed that the formulation of offenses in Law Number 35/2009 caused problems in determining sanctions. Therefore, it is necessary to reformulate the policy as follows: First, the formulation of criminal provisions in article 127 does not distinguish between beginners, addicts, victims of abuse and abusers involved in networking. Second, Do not attach importance to the element of intentionality in narcotics crimes. The use of the word "Everyone without rights and against the law" in several articles of Law Number 35 of 2009 regardless of the element of intentionality. Third, drug addicts who are old enough, who have undergone medical rehabilitation more than 2 (two) times the period of doctor treatment in hospitals and / or medical rehabilitation institutions appointed by the government, become open or have the potential to be criminally prosecuted if they do not report themselves. Fourth, the criminalization of parents and the community, who do not report their children who become addicts, this also causes problems, because with the punishment of parents who do not report their children to the institution of Mandatory Report Recipients (IPWL). Fifth, the equality of punishment for probation and criminal offense is completed, the punishment between non-probationary offenders and non-criminal offenders should be distinguished.
Reformulation, Offenses, Delic, Law, Narcotics.