Penerapan Double Track System pada Putusan Hakim dalam Tindak Pidana Penyalahgunaan Narkotika Bagi Diri Sendiri (Studi Kasus Putusan Nomor 868/Pid.Sus/2021/PN Mks dan Putusan Nomor 1919/Pid.Sus/2020/PN Mks)

Abstract

Drug abuse remains a significant problem in Indonesia as it hinders the country's progress in development across all aspects of life. Law Number 35 of 2009 adopts a double track system, which emphasizes equality between criminal sanctions and rehabilitation measures. The criminal sanctions under this law involve imprisonment, while the rehabilitation measures include medical and social rehabilitation. The concept of the double track system is appropriate for drug abusers because, in addition to penalizing them to deter future offenses, it is essential for these individuals to receive rehabilitation to overcome their addiction and reintegrate into society. Related to this, the research questions in this thesis are: how is the double track system regulated concerning drug abuse offenses committed by individuals; what are the theories of punishment and their relationship with the double track system in cases of self-abuse; and how do judges consider the application of the double track system in drug abuse cases as seen in Verdict Number 868/Pid.Sus/2021/PN Mks and Verdict Number 1919/Pid.Sus/2020/PN Mks. The research method used in this thesis is normative legal research, supported by secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The analysis employed is descriptive, utilizing legislative, case, and conceptual approaches. In both cases, Abd Wahid in Verdict Number 868/Pid.Sus/2021/PN Mks and Indra Jaya Putra Negara in Verdict Number 1919/Pid.Sus/2020/PN Mks, the panel of judges correctly rendered decisions based on Law Number 35 of 2009 regarding narcotics, which adheres to the double track system concept. The judges considered laboratory examination results and took into account Articles 54, 55, 103, 127, and Supreme Court Circular Number 4 of 2010 concerning the placement of drug abuse victims into medical and social rehabilitation institutions. According to Article 103 of the Narcotics Law, judges can order drug abusers into rehabilitation centers if found guilty. The classification for someone to be considered a drug abuser is outlined in Supreme Court Circular Number 4 of 2010, which states that in cases involving methamphetamine abuse, it should not exceed 1 gram per day. In Abd Wahid's case, the evidence indicated methamphetamine with an initial weight of 0.0402 grams and a final weight of 0.0288 grams; for Indra Jaya Putra Negara, the evidence was methamphetamine in a clear plastic sachet with an initial weight of 0.0595 grams Keywords: Abuse, Narcotics, Double Track System.