Politik Hukum Pemidanaan dan Rehabilitasi Pecandu Narkotika dalam Perspektif Hukum Pidana Islam dan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika

Abstract

The legal policy regarding the punishment and rehabilitation of narcotics addicts as found in both Islamic criminal law and Law Number 35 of 2009 concerning Narcotics is considered ambiguous. This ambiguity stems from a lack of clarity in law enforcement regarding whether addicts should be treated as criminals or as victims in need of rehabilitation. Such policies often lead to divergent interpretations among law enforcement officials and the public, resulting in legal uncertainty. This study employs a statutory approach to analyze the mechanisms of punishment and rehabilitation. Conducted over a six-month period, the research focuses on Islamic criminal law and Law Number 35 of 2009, specifically examining the legal parameters governing punishment and rehabilitation. Legal materials were categorized into primary, secondary, and tertiary sources. Data collection relied on document analysis, the study was conducted in Indonesia, and the data underwent qualitative analysis. The findings indicate that while Islamic criminal law addresses the punishment and rehabilitation of addicts governing the handling of drug abusers through principles of justice and the public interest Law Number 35 of 2009 focuses on legal aspects and public protection, incorporating medical and social rehabilitation efforts to offer addicts a chance at recovery. Furthermore, the study concludes that the legal policy regarding the punishment and rehabilitation of addicts under both legal frameworks requires reformulation to carefully incorporate the principles of justice found in Islamic criminal law. The proposed policy should be holistic, clearly distinguishing between addicts and perpetrators of drug-related crimes; this approach aims to reduce the negative stigma often associated with narcotics users.