PERSPEKTIF KEBIJAKAN KRIMINAL DALAM UPAYA PENANGGULANGAN TINDAK PIDANA NARKOTIKA DI INDONESIA

Abstract

The current criminal policy in tackling narcotics crime in Indonesia is the enactment of Law Number 35 of 2009 concerning Narcotics. Most of the criminal sanctions in the Narcotics Law are formulated cumulatively. The inclusion of minimal criminal threats. Unclear regulations regarding corporate criminal acts. Criminal Policy Perspective in Combating Narcotics Crime in Indonesia must be carried out in accordance with the basic concepts of criminalization. The development of the provisions of the narcotics crime can be found in the draft Criminal Code with the idea of recodification. The RKUHP formulation should have been done by evaluating the implementation of the law that has been carried out so far. But in fact, the provisions regarding narcotics crime in the Chapter "Special Crimes" are only done by copying and pasting the formulation of the criminal provisions in the Narcotics Law (Narcotics Law). The RKUHP does not clearly regulate the administrative aspects that are the core of the Narcotics Law, such as guarantees of rehabilitation for narcotics addicts and victims of drug abusers. The accommodation of narcotics crime in the RKUHP emphasizes that the approach used by the State in dealing with narcotics problems is a criminal approach not a public health approach.