ANALISIS YURIDIS HAK REHABILITASI TERHADAP KORBAN PENYALAHGUNAAN NARKOTIKA

Abstract

Law Number 35 of 2009 defines rehabilitation as a comprehensive recovery process—physically, mentally, and socially—allowing former narcotics addicts to reintegrate into society. Narcotics abusers, as victims of addiction, are entitled to rehabilitation rather than imprisonment. Imposing prison sentences on users often fails to reduce drug abuse and may even exacerbate the problem. This study addresses two main questions: (1) How is law enforcement applied to narcotics abuse victims under Law No. 35 of 2009? and (2) How is punishment applied in Decision Number 183/Pid.Sus/2023/PN Ckr in this context? The research uses a normative juridical method through literature review, analyzing primary, secondary, and tertiary legal materials using a qualitative approach. The findings show that repressive measures still dominate over rehabilitative approaches. In case 183/Pid.Sus/2023/PN Ckr, the court imposed prison time without sufficiently considering the victim's right to rehabilitation. Although Law No. 35 of 2009 provides for rehabilitation, implementation in practice remains weak due to limited facilities and support. Greater emphasis on rehabilitation is needed to align law enforcement with the law's intent and provide more humane treatment for victims of drug abuse.