Problems in Deciding the Case of Narcotics Abuse (The application of Article 127 of Law No. 35 of 2009 on Narcotics)

Abstract

The abuse of narcotics is now a common enemy that encourages the formation of various related regulations. However, on the implementation level, there are problems in deciding cases of narcotics abuse, especially related to the application of Article 127 of Law no. 35 of 2009 on Narcotics. This study aims to identify problems in deciding cases of narcotics abuse in order to identify the solution. The method used in this research is normative juridical. The results showed that there are two main issues that arise. First, the tendency of the Prosecutor to indict the abuser by Article 111 or 112 of Law no. 35 of 2009. Although there is currently a SEMA no. 3 of 2015, in which judges may violate the specific minimum criminal threats, the application of SEMA still creates a polemic. Secondly, the perspectives of prosecutors and judges who tend to convict drug abuse prisoners rather than ordered to rehabilitate them.

Combating Narcotics Abuse by Children in Buleleng Regency

“…This is influenced, one of them by the association of the child. 25 There are factors that cause children to fall into the association of drug abuse, namely internal factors which include: 26 weak self-control and external factors which include: family factors, environmental factors and economic factors. The truth of these factors agrees with the opinion of social control expert Hirschi, who states that the role of the microsystem plays an important role in the formation of delinquency in a child caused by connections with family, friends, school and other environments.…”