PEMBAHARUAN HUKUM PIDANA MENURUT RKUHP TAHUN 2018 TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DENGAN SISTEM REHABILITASI

Abstract

Criminal Law Reform is an effort to form laws and regulations that are in accordance
with the conditions of the community, whose main goal is to achieve the ideals of Indonesia,
namely not only regulating citizens through laws, but also creating peace and prosperity
through state institutions that has the authority to make related regulations. The 2018
Criminal Code (RKUHP) Draft has the goal of renewing sanctions imposed on perpetrators
of narcotics abuse with a rehabilitation system. Narcotics according to Law No. 35 of 2009
concerning Narcotics is a substance or drug derived from plants both synthesis and semisynthesis
that
can
cause
a
decrease
or
change
of
consciousness,
loss
of
pain
and
can
cause

dependence.

Regulations regarding sanctions for the penal system as outlined in the draft
RKUHP 2018 are motivated by a number of basic ideas or principles, one of which is the
idea of using a doubble track (between criminal and action) so that in the concept there are
provisions that are not in the Criminal Code currently in force, but one alternative criminal
is the possibility of combining types of sanctions (criminal and action). In addition point 3 of
the Supreme Court Circular No. 4 of 2010 regulates that rehabilitation in narcotic crimes is
carried out with integrated assessment, which consists of a team of doctors, namely doctors
and psychologists, a legal team, namely from the police, National Narcotics Agency (BNN),
Prosecutors' Office and kemenkumham after issuing a recommendation that someone is a
concurrent user as a dealer or purely as an addict. Barriers to criminal law reform
according to the RUHUHP 2018 against narcotics abusers with the rehabilitation system
include the RKUHP and Rubber Article that makes Narcotics Users sent to Prisons and
narcotics stigma is not a health problem