Kekuatan Pembuktian Hasil Rekomendasi Tim Asesmen Terpadu (TAT) BNN Bagi Terdakwa Penyalahguna Narkotika untuk Direhabilitasi

Abstract

The rehabilitation proposed for drug offenders must be based on an assessment procedure conducted by the National Narcotics Agency (BNN) before being included in the case file by the investigators for referral to the public prosecutor. This assessment is documented in the Integrated Assessment Team (TAT) Report of the BNN. The assessment report is also submitted as evidence by the public prosecutor during the trial to prove that the defendant is indeed a drug abuser. In the context of this research case study, the defendant was brought to court and charged with rehabilitation, but the panel of judges sentenced imprisonment instead. The issues at hand are: Firstly, whether the regulation on proving the recommendations of the Integrated Assessment Team (TAT) of the BNN for drug offenders is in accordance with the objectives of the Narcotics Law or not; Secondly, the legal considerations analyzed in the judgment of the Sei Rampah District Court, which is used as a case study for proving the recommendations of the Integrated Assessment Team (TAT) of the BNN; and thirdly, the factors that influence judges in issuing rehabilitation sentences. This study is a descriptive-analytical juridical-normative research using a legislative approach. The research utilizes secondary data sourced from the Clerk's Office of the Sei Rampah District Court, collected through a field study technique conducted at the court. Primary data is collected through interviews. Data analysis is conducted using a qualitative approach. Research findings: Firstly, the regulation on proving the recommendations of the Integrated Assessment Team (TAT) of the National Narcotics Agency (BNN) for drug offenders is in accordance with the purpose and objectives of the Narcotics Law. Secondly, the TAT-BNN recommendations attached to the case file as evidence are considered by the judges as a mere question-and-answer process, lacking comprehensive observation and limited time. As a result, the judges have doubts about the recommendations made by the TAT-BNN. Thirdly, there are factors that influence judges in issuing rehabilitation sentences for drug offenders. It is recommended that the TAT-BNN conducts comprehensive and in-depth observations of drug users.