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This research analyzes the application of the equality before the law principle in handling narcotics cases by the Legal Aid Institute (LBH) Legundi Surabaya. The principle of equality before the law is a fundamental principle guaranteed in Article 27 paragraph (1) of the 1945 Constitution, yet its implementation in narcotics law enforcement still faces various challenges. This study employs a normative juridical method with a qualitative approach to examine LBH Legundi's strategies in ensuring clients fully obtain their constitutional rights. The findings reveal that although LBH Legundi has implemented various strategies such as detailed examination of arrest procedures, optimization of legal instruments, and efforts for detention suspension, the application of the equality before the law principle remains hindered by several factors. The main challenges include strong social stigma against narcotics offenders, limited resources of legal aid institutions, disparities in judicial decisions, structural barriers in accessing justice, weak supervision systems, minimal systemic support from the state, and a law enforcement mindset that remains punitive rather than rehabilitative. This condition creates a significant gap between suspects from economically disadvantaged backgrounds and those from affluent backgrounds, which contradicts the spirit of substantive justice. The study concludes that realizing the principle of equality before the law requires comprehensive reform touching structural, cultural, and systemic aspects of Indonesia's criminal justice system.  

This study analyzes the juridical issues related to the implementation of criminal sanctions below the statutory minimum, as reflected in Cassation Decision Number 7853/K/Pid.Sus/2024. The focus of this research centers on the tension between the rigid provisions of Article 111 paragraph (1) of Law No. 35 of 2009 concerning narcotics and the reality of judicial practice, which often deviates from these provisions. This phenomenon raises debates regarding the extent to which the principle of legality can be compromised in pursuit of justice without undermining the pillar of legal certainty within Indonesia’s criminal justice system. Using a normative legal research method with a statutory and case study approach, this study qualitatively analyzes judges’ considerations. The findings indicate that, although the policy of imposing sentences below the minimum carries the risk of creating legal uncertainty, the Supreme Court in this case reinterpreted the principle of legality. Judges tend to prioritize proportionality and substantive justice to avoid purely mechanical punishment. The study concludes that, while judicial discretion represents a concrete expression of judicial independence, such practice requires clearer normative parameters. Without explicit regulation, deviations from the statutory minimum risk widening disparities in judicial decisions. Therefore, standardized sentencing guidelines are necessary to preserve legal integrity while maintaining a sense of justice for defendants.

The phenomenon of recidivism in narcotics crimes indicates that the rehabilitation and punishment approaches applied have not been fully able to prevent recurrence of crimes. This study aims to analyze the effectiveness of law enforcement against recidivists in narcotics crimes in two court decisions, namely Decision Number 154/Pid.Sus/2018/PN Yyk and Decision Number 51/Pid.Sus/2020/PN Tte. Case studies are used to assess the effectiveness of law enforcement, especially against perpetrators who have previously undergone rehabilitation but have re-committed crimes with more complex roles. This study uses a normative legal method with a statutory approach and a case approach, which are analyzed qualitatively based on law enforcement theory and the objectives of punishment. The results show that normatively there are regulations on rehabilitation and increased sentences for recidivists, but their effectiveness is not optimal, partly due to the lack of post-rehabilitation regulations that are expressly regulated in the law and the lack of integrated data systems between rehabilitation institutions and the courts. This condition causes rehabilitation to not fully function as a preventive instrument against recurrence of crimes. This study recommends strengthening post-rehabilitation regulations and integrating information systems between agencies as part of a more preventive and sustainable criminal law policy reform.

This study aims to analyze the effectiveness of narcotics rehabilitation for offenders who reoffend after undergoing rehabilitation, using a case study at the Bukittinggi Police Resort (Polresta Bukittinggi) and rehabilitation institutions. This research is motivated by the continued occurrence of narcotics offenders who relapse into criminal behavior despite having completed medical and social rehabilitation programs as mandated by Law Number 35 of 2009 concerning Narcotics. The research method used is empirical juridical with a qualitative approach through interviews, literature review, and case documentation. Primary data were obtained from investigators at Polresta Bukittinggi and rehabilitation institutions, while secondary data were obtained from laws and regulations as well as relevant literature. The results indicate that the investigation process leading to rehabilitation has been conducted in accordance with applicable procedures through assessment mechanisms by the Integrated Assessment Team (Tim Asesmen Terpadu). However, the effectiveness of rehabilitation in preventing recidivism remains suboptimal, as evidenced by offenders who return to narcotics abuse after completing rehabilitation programs. This suggests that rehabilitation programs require continuous supervision and more comprehensive approaches, including medical, psychological, and social aspects, to minimize the risk of relapse among former narcotics abusers.

This research examines criminal law policy in handling special narcotics crimes and their social impacts on Indonesian society. Narcotics crime constitutes an extraordinary crime that threatens public health, security, and social resilience. Therefore, the state implements criminal law policies through penal and non-penal approaches regulated in statutory provisions, particularly the Narcotics Law. This research aims to analyze the effectiveness of criminal law policies in combating narcotics crimes and to examine the social impacts arising from the implementation of such policies. The research method used is normative legal research employing statutory and conceptual approaches. The findings indicate that criminal law policies in narcotics control still face various challenges, including ineffective law enforcement, prison overcapacity, and social stigma against narcotics users. The social impacts are not only experienced by offenders but also affect families and the wider community. Consequently, criminal law policies that prioritize restorative justice, rehabilitation, and preventive measures are urgently needed to reduce negative social impacts and to ensure sustainable protection for society in Indonesia.

This study aims to analyze the application of criminal procedural law in resolving narcotics crime cases at the Binjai District Court, focusing on compliance with the due process of law principle and the protection of the defendant’s rights. The research employs an empirical juridical approach through direct observation (field research) of case Number 200/Pid.Sus/2025/PN Bnj involving the defendant Novri Syahputra, who was charged as an intermediary in the sale and purchase of Class I narcotics (methamphetamine) weighing 40.81 grams net. Data were collected through direct observation of the trial proceedings and examination of relevant legal documents, including the Criminal Procedure Code (KUHAP) and Law No. 35 of 2009 on Narcotics. The findings indicate that the implementation of procedural law at the Binjai District Court was consistent with the provisions of KUHAP, covering all stages from the reading of the indictment, witness examination, evidence presentation, to the final judgment. The panel of judges demonstrated professionalism and independence while considering both aggravating and mitigating factors. However, rehabilitative and humanistic approaches have not been fully incorporated into the court’s consideration, as the sentencing remains predominantly deterrent-oriented. The study concludes that, while the formal procedural aspects of criminal procedural law have been effectively implemented, there remains a substantive need to strengthen restorative and rehabilitative justice values in future narcotics case policies.

The coaching system for drug convicts is carried out in correctional institutions, where Correctional Institutions are a form of criminal punishment (imprisonment). In the rehabilitation process, victims of narcotics abuse are not objects but subjects. Criminal punishment (punishment) is not merely giving suffering to deter, but an element of guidance and coaching with the aim that lawbreakers can realize their mistakes and not repeat their actions again, and can return to society and carry out their social functions properly. The purpose of this study was to find out the concept of fostering convicts through rehabilitation, Implementation of Rehabilitation of Narcotics Prisoners in Lubuk Pakam Class II B Prison, Effectiveness of implementing Narcotics Rehabilitation in Lubuk pakam Class II B. This research is included in the descriptive research with the type of empirical juridical research using qualitative analysis methods.From the results of the research it is known that the concept of rehabilitation in the process of coaching prisoners is aimed not only at the mentality of prisoners but also treating dependence on narcotics themselves so that prisoners can recover physically and mentally. Implementation of rehabilitation is based on the provisions of Law Number 35 of 2009 concerning Narcotics and several rules for the implementation of rehabilitation, the Implementation of Fehabilitation in the Class IIB Lubuk Pakam Penitentiary includes medical rehabilitation and social rehabilitation. The implementation of medical rehabilitation includes the Health Examination Stage, the Detoxification Stage, the mental and emotional stability stage of the sufferer. While social rehabilitation includes personality development and independence development and the application of medical rehabilitation and social rehabilitation at the Lubuk Pakam Class IIB Penitentiary is quite effective in reducing the repetition rate (recidivist) of convicts who have completed their sentence, convicts who have served a period of detention have recovered from dependence on narcotics, but the environment outside the prison can affect the re-use by inmates.

This study aims to describe the role of counseling in the process of Islamic-based drug rehabilitation at the Khalid Bin Walid Islamic Syar'i Narcotics Rehabilitation Institute, Medan. Using a descriptive qualitative approach, data were collected through semi-structured interviews, observations, and documentation which were then analyzed thematically. The results of the study indicate that individual counseling is the main core in helping participants understand the root of the problem of addiction, build motivation, and design strategies for a healthy, drug-free life. Group therapy complements the rehabilitation process by strengthening solidarity and social skills among participants. In addition, spiritual guidance based on Islamic values plays an important role in strengthening inner peace and commitment to change. However, the rehabilitation process faces significant challenges such as emotional instability of participants, minimal family support, and limited facilities and professional staff. To overcome this, the institution collaborates with various related institutions to support the legal, social, and medical aspects of rehabilitation. This study concludes that drug rehabilitation that integrates an Islamic-based bio-psycho-social-spiritual approach can be an effective model in the recovery of addicts, with the support of synergy between institutions and a conducive social environment.

Drug abuse and trafficking are transnational issues that require serious attention from various countries. Indonesia and the Philippines, two countries in Southeast Asia, have developed different institutional approaches in combating drugs through the Badan Narkotika Naional (BNN) and the Philippine Drug Enforcement Agency (PDEA). This study aims to compare both institutions from the cultural-cognitive pillar based on William Richard Scott’s institutional theory. The method used is descriptive qualitative research with a literature study approach. The results show that BNN prioritizes rehabilitative and educational approaches that are increasingly accepted as a reasonable treatment pattern in Indonesia. Meanwhile, PDEA implements a repressive approach that is supported by most of the Filipino society, despite being accompanied by human rights violations. These findings indicate that collective thinking frameworks and public legitimacy play a crucial role in shaping institutional strategies and impacts in each country. This study provides significant implications regarding how societal mindsets influence the effectiveness of drug eradication efforts.

This research compares the institutional frameworks of Indonesia’s National Narcotics Agency (BNN) and the Philippine Drug Enforcement Agency (PDEA) through the lens of regulatory and normative pillars from W. Richard Scott’s institutional theory. Employing a qualitative descriptive method with a literature review approach, this study finds that both agencies are structurally under presidential authority but exhibit differing operational styles. BNN emphasizes preventive and rehabilitative strategies rooted in human rights values, while PDEA is characterized by a more repressive approach shaped by national security paradigms. The findings suggest that while both institutions have formal legitimacy and enforcement mechanisms, their normative orientations differ significantly, influencing public perception, legitimacy, and policy outcomes. This comparative study highlights the importance of aligning regulatory frameworks with ethical governance standards to ensure effective and humane narcotics control policies.

Drug abuse is a serious problem that not only affects individuals, but also threatens social stability and public health. In response to this problem, the concept of Restorative Justice emerged as a humane alternative that focuses more on restoring the physical, mental and social conditions of the offender. This theoretical study shows that rehabilitation through the Restorative Justice approach is a more humane, effective, and sustainable solution in dealing with drug abusers compared to the conventional prison approach. This research uses a normative juridical research method that is descriptive and analytical, with a library research approach. This method was chosen to examine in depth the concept, regulation, and application of rehabilitation as a restorative justice solution in handling drug abusers. The data used consists of primary data, namely laws and regulations related to narcotics, rehabilitation, and restorative justice, such as the Narcotics Law, Attorney General Regulation Number 18 of 2021, and Police Regulation Number 8 of 2021.Secondary data are academic literature, scientific journals, books, articles, and official documents that discuss rehabilitation and restorative justice in the context of narcotics abuse. Data collection techniques are collected through documentation studies and literature studies. Data analysis used qualitatively consists of normative juridical analysis to examine legal provisions and regulations governing rehabilitation and restorative justice. In Indonesia, the application of rehabilitation as a restorative justice solution has been regulated in various regulations, such as the Narcotics Law, Attorney General Regulation Number 18 of 2021, and Police Regulation Number 8 of 2021. These regulations provide a legal basis for rehabilitation as an alternative to punishment that prioritizes recovery and social reintegration.  

Magelang Regency, located in Central Java Province, is facing serious problems related to drug abuse. Drugs are an abbreviation of narcotics, psychotropics, and other dangerous addictive substances. In the law enforcement strategy, the Drug Investigation Unit has implemented a law enforcement strategy including investigations and inquiries, this is conducting in-depth investigations of drug networks and perpetrators of abuse. This study uses a normative and empirical approach. The data sources consist of primary and secondary data. There has been an unlawful act which is contained in Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, which occurred on the side of the road into the Salaman District area, Magelang Regency on Monday, January 6, 2025 at around 22.30 WIB. The results of the study concluded that the Drug Investigation Unit of the Magelang Police played a crucial role in handling recidivists in drug cases through prevention and law enforcement efforts. The government and law enforcement need to work together to increase the effectiveness of rehabilitation programs for drug abusers to prevent them from becoming recidivists on a large scale.

Narcotics are substances that cause certain effects for those who use them and put them into their bodies. Along with the development of the times, the types of drugs are increasing and have various variations. One example of a new type of drug is gorilla tobacco. Criminal Law Policy Against New Types of Narcotics Abuse. This study uses a normative juridical research type with a Philosophical approach, Criminal Law Political Approach, legislation, case approach and examines the contents of various legal sources, both books, journals and other related legal sources to answer the aspects that are the focus of the research. The results of this study indicate that in 2022 31,420 incidents were caused by an increase in the abuse of new types of narcotics (New Psychoactive Substances) which in previous years were not registered in the appendix to Law Number 35 of 2009, this caused a Legal Vacuum regarding the New Type of Narcotics. In addition, the author also analyzes the law enforcement against new types of narcotics (gorilla tobacco) in a review of Law Number 35 of 2009 concerning Narcotics and the form of criminal responsibility carried out by perpetrators of gorilla tobacco abuse in the decision of the District Court Number 32/Pid.sus/2021/PN Rtg.

This study is motivated by the issue of criminalizing drug couriers, who in judicial practice are often equated with the main perpetrators, even though in reality they occupy a subordinate position in the drug distribution network. The lack of clarity in the differentiation of roles in Law No. 35 of 2009 on Narcotics has led to the application of criminal liability that tends to be formalistic and has the potential to disregard substantive justice. This study aims to analyze the form of criminal liability of Class I drug couriers and assess whether the Pekanbaru District Court Decision Number 119/Pid.Sus/2025/PN Pbr has reflected justice in the imposition of criminal penalties. The research method used is normative juridical with a legislative approach, case approach, and conceptual approach. The results of the study show that the criminal liability imposed on couriers in the verdict is direct as the main perpetrator, without considering the theory of the perpetrator's role, degree of fault, and the defendant's capacity to be held responsible. The judge emphasized the fulfillment of the elements of the act as formulated in Article 114 of Law Number 35 of 2009 concerning Narcotics, without adequate analysis of the mens rea and the factual contribution of the courier in the structure of the crime. Justice in this study is understood as substantive justice, which requires consistency between the punishment, role, and degree of fault of the perpetrator. Proportional punishment is interpreted as the imposition of sanctions that clearly distinguish between couriers as subordinate actors and the main actors who control the narcotics network. This study concludes that the criminal liability of narcotics couriers must be based on individualization of punishment and proportionality so that law enforcement not only fulfills legal certainty but also reflects substantive justice.  

Narcotics misuse and distribution have become so pervasive that everyone is now a victim. This study aims to "identify, clarify, and analyze the enforcement of laws against juvenile offenders of drug abuse in the Bandar Lampung area. It also examines the factors that contribute to juvenile offenders of drug abuse." With the normative juridical approach research was the methodology adopted for this analysis. Deductive reasoning techniques are employed in conjunction with normative legal research as the approach method for this article. The study's findings indicate that legal substances, legal institutions, legal environments, and legal cultures all have an impact on children's decisions to abuse drugs. The child's internal factors are the most significant ones. It has been successful to utilize law enforcement to stop those who abuse drugs on minors. It is the responsibility of parents to properly educate their children so that they are not susceptible to peer pressure to break the law.    

Banyaknya orang yang terlibat dalam kasus narkoba dan terus meningkatnya kejahatan tersebut memerlukan perhatian yang serius dan komitmen bersama untuk  mencegah  dan  menghapusnya.  Salah  satu  upaya  penanggulangan penyalahgunaan narkotika, antara lain dilakukan dengan menggunakan sanksi pidana berupa pidana penjara. Pada kenyataannya, sanksi pidana penjara bagi pengguna narkotika tidak cukup efektif, terbukti jumlah pengguna narkotika semakin  meningkat.  Menurut  Suriadi  Gunawan,  peraturan  perundangan yang  mengkriminalisasi  pecandu  narkotika  perlu  ditinjau  kembali  karena tidak  realistis,  contohnya,  dengan  mengkriminalisasikan  pecandu  terbukti tidak menurunkan kasus narkotika. Di Indonesia saat ini ada sekitar 1,5 juta pengguna narkotika, yang jika diproses hukum, penjara akan penuh, padahal jumlah kasus tidak menurun.