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  • Criminal Law Policy for Narcotics Victims Needs to Be Reformulated

Criminal Law Policy for Narcotics Victims Needs to Be Reformulated

  • 12 September 2018, 08:22 WIB
  • By: Marwati
  • 646
  • PDF Version
Kebijakan Hukum Pidana Terhadap Korban Penyalahgunaan Narkotika Perlu Direformulasi

Criminal law policy reformulation effort towards victims of narcotics abuse need to be done through the concept of depenalisation.

This was said by lecturer from IAIN Purwokerto, Vivi Ariyati, S.H., M.Hum, in her doctoral promotion at Faculty of Law UGM on Monday (10/9), accompanied by promoter, Prof. Dr. Marcus Priyo Gunarto, S.H.,M.Hum., and co-promoter, Prof. Dr. Edward O.S. Hiariej, S.H., M.Hum.

Vivi said reformulation of the definition of victims of narcotics abuse needed to be done through the concept of depenalisation. This concept is criminal law policy which in the future will include narcotics abuse by themselves in among victims that ought to do a medical and social rehabilitation, not criminal law.

Such concept is implemented in article 54, 103, and 127 of Law No. 35 Year 2009 by eliminating sanctions for narcotics addicts, abuser, and inadvertent victims. Depenalisation positions them equally.

“The three groups have the right to get medical and social rehabilitation as a form of sanction,” she said.

Vivi also recommended law enactment for narcotics abuse crime should be based on the Law No.35 Year 2009 on Narcotics. Government also needs to take a more intensive measure in narcotics abuse prevention. Among these are by giving attention to the social cause factors through social crime prevention including solving programme at society, family or individual.

Another approach, situational crime prevention, can be done through programme that enhances closer monitoring of narcotics circulation by providing better facilities for law enforcers

“Another measure is through community based prevention which makes society as healthy social and life environs,” she said.


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