Perbandingan Putusan Hakim terhadap Penyalahguna Narkotika yang Direhabilitasi dan Dihukum Pidana Penjara (Studi pada Pengadilan Negeri Pematangsiantar)

Abstract

This study aims to compare judicial decisions concerning rehabilitated and criminally sentenced narcotics offenders. There are a total of 8 cases reviewed, consisting of 6 cases involving drug abusers and 2 cases involving drug traffickers. Out of the drug abuser cases, 2 resulted in prison sentences, while 4 led to rehabilitation orders. The issues addressed include: 1) Regulation of the categorization of narcotics abusers within the prevailing criminal justice system; 2) a comparison of sentencing between rehabilitated narcotics offenders and those sentenced to prison, with a case study of the Pematangsiantar District Court decisions; and 3) Challenges in rehabilitating narcotics users within medical/social rehabilitation institutions, in connection with the case study of Pematangsiantar District Court decisions that apply a relative sentencing objective. This research is a normative legal study of a descriptive-analytical nature, employing both statutory and case-based approaches. The research utilizes secondary data derived from judgments of the Pematangsiantar District Court and is gathered through field study techniques conducted at the Pematangsiantar District Court's Clerical Division. Interviews were conducted with the judges handling the cases. Data analysis is performed using qualitative data analysis methods. Research Results: The categorization of narcotics abusers is governed by Law No. 35 of 2009 concerning Narcotics; In the case study of Pematangsiantar District Court, there were 4 cases that correctly applied the retributive sentencing objective, which is corrective punishment. On the other hand, 4 other cases did not align with the sentencing objective and instead applied relative retribution; Implementing the rehabilitation of narcotics abuse into medical/social rehabilitation institutions faced substantial, structural, and cultural obstacles. Recommendations: It is necessary to promptly draft an Amendment Bill to the Narcotics Law; Ideally, judges at the Pematangsiantar District Court should first categorize perpetrators of narcotics offenses. Additionally, society, especially families of narcotics abusers, should provide extensive support to those who abuse and are addicted to narcotics.