Legal reconstruction in dealing with rehabilitation cases for drugs abusers based on justice value
Deddy Daryono, Gunarto, Sri Endah Wahyuningsih
The misuse of Drugs is a common problem from the central and to the regional governments. Various efforts have been made by BNN, but still the number of users of these goods continues to increase every year if not handled seriously. The author is interested in researching this matter in a study with the main issue of what are the obstacles that arise in the rehabilitation system for Drugs abusers in Indonesia and how the reconstruction of rehabilitation arrangements for Drugs users based on justice in Indonesia. The research methods used are: (1) using a constructive theory paradigm, (2) the type of qualitative research. and (3) socio-legal research approach method. The results of the study showed that the implementation of the rehabilitation policy on Drugs abuse based on Drugs law number 35 of 2009 and psychotropic law number 5 of 1997 which has been implemented in Indonesia at this time is still not based on the value of justice and welfare, this is because it is still there are weaknesses and problems both in the level of the text of the law and its implementation. Some rehabilitation policies for Drugs abuse are carried out in correctional institutions under the coordination of the Ministry of Health and Human Rights, some are implemented in Hospitals / Mental Hospitals under the coordination of the Ministry of Health, and some are implemented in places of social rehabilitation under the authority of the Ministry of Social Affairs. and some have been carried out under the coordination of BNN / BNNP / BNNK, including the community component rehabilitation institutions. The mechanism of rehabilitation implementation in correctional institutions has been regulated in the Circular of the Minister of Law and Human Rights number: M.HH-01.PK.01.06.10 2015 concerning the Rehabilitation Implementation Mechanism for Penitentiaries (WBP) Abuse of Drugs and Decree of the Director General of Corrections of Kemenkumham number: PAS.121.PK.01.07.01 of 2017 concerning the determination of the Correctional UPT for the implementation of the Prisoners Rehabilitation Services and Prisoners Guidance for Drugs Abuse. In its implementation there are still problems, both infrastructure, rehabilitation processes, human resources, financial support and evaluation processes. This results in not all Abuse or Drugs victims getting substantial value-based rehabilitation services and also lacking the basic right to life in the form of equitable welfare, as mandated in the opening of the 1945 Constitution. Reflecting on the above above, rehabilitation rehabilitation offered by the author includes medical rehabilitation and / or social rehabilitation tailored to the patient's psychological condition. In determining the status of a suspect / defendant as a victim or Drugs addict / drug addict, it is determined through the court, with recommendations from the Integrated Assessment Team (TAT). Articles 37-39 and article 41. Those who must receive therapy and rehabilitation must not only experience dependency syndrome, but all psychotropic users, both those who have dependency syndrome and those who do not or those who are mild to severe, must receive therapy and rehabilitation to restore the condition his health. Must be determined through court, with Recommendations from the Integrated Assessment Team (TAT). Unless psychotropic users who take part in the IPWL program do not have to be determined by the court because the process is voluntary in their own consciousness.
Deddy Daryono, Gunarto, Sri Endah Wahyuningsih. Legal reconstruction in dealing with rehabilitation cases for drugs abusers based on justice value. International Journal of Law, Volume 6, Issue 2, 2020, Pages 152-157