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.
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