Penerapan Asas Equality Before The Law dalam Penegakan Hukum Tindak Pidana Narkotika terhadap Pengguna Narkotika di Kalangan Publik Figur

Abstract

This study aims to examine and analyze the application of the principle of equality before the law in the enforcement of narcotics criminal law against drug users among public figures. The study and analysis are conducted by comparing it with cases involving ordinary individuals as drug users. The issues addressed are as follows: Firstly, the enforcement of narcotics criminal law against drug users in Indonesia based on the perspective of positive law; Secondly, the application of the principle of equality before the law in the enforcement of narcotics criminal law against drug users among public figures; Thirdly, the obstacles in the application of the principle of equality before the law in the enforcement of narcotics criminal law against drug users among public figures. This research is a descriptive-analytical juridical-normative study. The research method involves the statute approach, which focuses on legislation, and the case approach, which examines relevant cases. Secondary data is obtained from legally binding court decisions. These decisions are sourced from the Directory of the Supreme Court of Indonesia and the Clerk's Office of the Medan District Court. The analysis of these decisions employs a qualitative analysis method. The results of the analysis indicate that: Firstly, the enforcement of drug crime laws to provide medical/social rehabilitation for drug users is based on the Joint Regulation of the Chief Justice of the Supreme Court of Indonesia, the Minister of Law and Human Rights of Indonesia, the Minister of Health of Indonesia, the Minister of Social Affairs of Indonesia, the Attorney General of Indonesia, and the Chief of the National Narcotics Agency of Indonesia regarding the Handling of Drug Addicts and Victims of Drug Abuse in Rehabilitation Centers. Secondly, the principle of equality before the law has not been applied to public figures who are drug users, and in fact, public figures face even heavier demands and prison sentences. Thirdly, the application of the principle of equality before the law in enforcing drug crime laws against drug users in Indonesia still faces obstacles within the legal system. It is recommended that an amendment be made to the Narcotics Law No. 35 of 2009 regarding the phrase "Drug Users," which impacts the imprisonment of drug users. Overcoming these obstacles requires integrated efforts among stakeholders.