CRIMINAL LAW POLICY IN COMBATING NARCOTICS ABUSE FOR USERS WITH EVIDENCE UNDER 1 GRAM

Abstract

Purpose: Drug abuse is a serious problem that continues to threaten social, economic, and public health stability in Indonesia. In law enforcement practices, drug users with less than 1 gram of evidence are often treated the same as dealers or illegal traffickers. This situation creates an imbalance between the objectives of punishment and the rehabilitation approach as mandated by Law Number 35 of 2009 concerning Narcotics. Using a normative juridical approach research method. The results of the study show that there is still inconsistency in the application of legal policies towards users with little evidence, with the majority still being sentenced to prison instead of being directed to rehabilitation. This indicates that the Indonesian criminal justice system still tends to be repressive rather than rehabilitative. This study concludes that criminal law policies in dealing with drug abuse need to be directed towards the application of restorative justice principles and a humanistic approach. Drug users with less than 1 gram of evidence should be focused on medical and social rehabilitation, rather than imprisonment, to create a balance between legal, humanitarian, and health aspects