JURIDICAL STUDY OF THE CRIMINAL ACT OF CLASS I MISUSE OF NARCOTICS FOR YOURSELF BASED ON LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS

Abstract

Abusers are people who use drugs without rights or against the law. Therefore, it is very interesting and important to study further about how the legal regulation for the criminal act of abuse of class I narcotics based on Law No. 35 of 2009? and what are the procedures and criteria for applying the crime of abuse of class I narcotics to oneself? To answer these problems, normative juridical legal research methods are used with statutory and conceptual approach methods. Data obtained from primary, secondary, and tertiary legal material sources were collected which were then analyzed by qualitative data analysis techniques. From the results of the study, it was found that the regulation of the criminal act of misuse of class I (one) narcotics for oneself in Law No. 35 of 2009 adheres to a double track system in the formulation of sanctions for the criminal act of abuse of class I (one) narcotics for oneself, namely in the form of criminal sanctions and action sanctions. Procedures and criteria for the application of criminal acts of class I (one) drug abusers for themselves in the form of actions as mentioned in Article 4 and Article 103 of Law No. 35 of 2009 can carry out medical rehabilitation measures for class I (one) drug abusers for themselves both who come voluntarily, is undergoing an investigation, prosecution, or trial process or who has obtained a court determination/decision based on Minister of Health Regulation No. 4 of 2020 concerning the Implementation of Mandatory Report Recipient Institutions