REFORMULASI SANKSI PIDANA TERHADAP PENYALAHGUNA NARKOTIKA BAGI DIRI SENDIRI

In Law No. 35 of 2009 concerning narcotics, there are two criminal sanctions which are usually imposed by the panel of judges on self-abusers of narcotics, including imprisonment and rehabilitation. What is urgent in this research is the need for reformulation regarding the imposition of criminal sanctions for self-abusers of narcotics, the aim of which is none other than to prevent and suppress wider and more widespread distribution of narcotics and restore the dependence of narcotics addicts through rehabilitation sanctions rather than criminal sanctions in the form of imprisonment. This is because many narcotics users themselves are sentenced to prison rather than rehabilitation, even though narcotics addicts who should have the opportunity to recover their dependence through rehabilitation are instead sentenced to prison. The results of this research are as follows: 1. Imprisonment sanctions for Narcotics Abusers for themselves in the provisions of Law No. 35 of 2009 concerning Narcotics still do not reflect the useful aspect of the law. This is because the criminal penalties for Narcotics abusers for themselves are very focused on imprisonment. . that the aim of law is in principle solely to provide the greatest benefit for society in general based on the social philosophy that every society seeks happiness and law is one of its tools. Thus, imposing criminal sanctions in the form of imprisonment on narcotics abusers themselves is very contrary to the legal benefit aspect because they will lose the opportunity to recover from narcotics. Furthermore, 2. The ideal criminal sanction for narcotics abuse is more appropriate if sanctions are imposed in the form of rehabilitation rather than imprisonment. This will also be able to reduce the number of prison inmates which are already very over capacity and whose residents are dominated by narcotics users.