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International Journal of
Law
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VOL. 11, ISSUE 5 (2025)
Responsibilities of guardians of children who used narcotics according to law number 35 of 2009 concerning narcotics
Authors
Syahrol Riza , Siti Rahmah, Fazzan, Anhar Nasution
Abstract

This study aims to determine and analyze the application of Article 128 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 against parents or guardians of drug addicts. This study uses primary data and secondary data. The research method used in this study is empirical legal research with a sociological legal approach.

Based on the research results Overall, the application of Article 128 paragraph (1) of the Narcotics Law to parents or guardians of drug addicts reflects an approach to child recovery and protection rather than family punishment. This article aims to ensure that child addicts get the help they need through the active role of parents or guardians in reporting them to the authorities. Failure to implement the provisions of Article 128 paragraph (1) of the Narcotics Law is detrimental to both addicts and parents/guardians. Addicts lose a golden opportunity for early rehabilitation which is crucial for their recovery, while parents/guardians potentially face legal sanctions and social stigma because they are considered negligent in their responsibilities. This article was created for the best interests of addicts so that they get the right treatment, and its failure to implement it will distance this goal. Therefore, awareness and compliance with the obligation to report are very important to reduce the number of drug abuse and help addicts to be productive again in society.

Preventive efforts (Eradication) and coercive efforts (Youth and law enforcement). Breaking the law is caused by parental indifference to children or environmental influences, where the child socializes with others and lack of affection from parents and the main factor is the lack of religious education in the child's family. In this case, all parties, both government, society and family, work together to pay attention to their teenage daughters, also limited by applicable legal regulations in accordance with Article 81 of Law Number 22 of 1997 concerning narcotics.

From the research results, considering the importance of implementing Article 128 paragraph (1) of the Narcotics Law in efforts to rehabilitate underage drug addicts early, the government and related institutions need to pay attention to conducting outreach, increasing access to and the quality of rehabilitation services, strengthening cross-sector cooperation, easy and safe reporting mechanisms, proportional law enforcement and early concern for parents and guardians and not hesitating to report if there are indications that a child is becoming a drug addict.
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Pages:94-101
How to cite this article:
Syahrol Riza , Siti Rahmah, Fazzan, Anhar Nasution "Responsibilities of guardians of children who used narcotics according to law number 35 of 2009 concerning narcotics". International Journal of Law, Vol 11, Issue 5, 2025, Pages 94-101
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