PRIAMBODO ADI WIBOWO, S.H, M.H. (2016) REHABILITASI BAGI PECANDU SEBAGAI KORBAN PENYALAHGUNAAN NARKOTIKA DALAM SISTEM PEMIDANAAN. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The dissertation is titled "Rehabilitation of Victims of Abuse of Drug Addicts for Criminal System In" which is based on the juridical-normative research approach to statuted, the conceptual approach, case approach, and a comparative approach. Legal materials used are primary and secondary legal materials. The focus of this study outline provides a basis for better understanding the concept of rehabilitation for drug addicts. This study was to review the philosophical foundation for the rehabilitation setting drug addicts, the ratio decidendi in the decision on rehabilitation for drug addicts, and ius constituendum rehabilitation. The philosophy of rehabilitation for drug addicts arrangement is based on restorative justice as recovery activities that lead to the formation of action in the form of rehabilitation. Rehabilitation carried out to drug addicts in lieu of criminal sanctions. The rehabilitation measures capable of restoring the social and moral quality of a person in order to integrate into society. Rehabilitation is possible apply for drug addicts as a criminal system adheres to double track system. Ratio decidendi in the decision for the rehabilitation of drug addicts is the judge considering the health condition of drug addicts in the decision making. The health condition of drug addicts known by requesting information from the doctors associated with the disease and how to handle. In addition to the health of drug addicts, the ratio decidendi in the decision on rehabilitation is to meet the criteria that addicts are victims, the abuse of drugs for themselves, not dealers, and possession of drugs for yourself. Ius constituendum as criminal law aspired are calls for legal protection to drug addicts. Legal protection is realized by way of clarifying the characteristics of drug addicts as victims that distinguishes between addicts with dealers, as well as clarify the ownership category. Legal protection is also realized by providing a sufficient rehabilitation in human resources, facilities and systems. Recommendations from the results of this study are setting penalties for abusers of drugs should be revised and lead to aspects of treatment for drug addicts, which is realized with the rehabilitation of drug addicts as an attempt depenalitation. This is consistent with the concept of self-victimizing victims. BNN, Ministry of Health, IPWL and communities should participate actively in the implementation of rehabilitation by building institutions of rehabilitation.

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