ANALYSIS OF DECISION NUMBER 541K/PID.SUS/2011 IN THE IMPLEMENTATION OF REHABILITATION AGAINST DRUG ABUSE

Abstract

This study aims (1) to analyze how the comparison of rehabilitation arrangements for narcotics abusers in Indonesia with those in other countries; and (2) to analyze how the judge's consideration in deciding narcotics abuse cases in Decision Number 541 K/Pid.Sus/2011. The type of research used is normative legal research with a statute approach, case approach, and comparative approach. The sources of legal materials used in this research consist of primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is library research. The legal material analysis technique used is a qualitative description technique. The results showed that: (1) Arrangements for rehabilitation of narcotics abusers in Indonesia and in other countries there are differences in the provision of rehabilitation in Indonesia refers to the rules of Law No. 35 of 2009 and Supreme Court Circular Letter No. 4 of 2010. In Indonesia through SEMA No. 4 of 2010, it is regulated that rehabilitation is carried out for drug users under 1 gram. Meanwhile, Singapore refers to the Misuse of Drugs Act 1973. Drug users under 20 grams are recommended to do rehabilitation but if more will be sentenced to death. (2) Basic considerations of Judges in deciding criminal cases about drug use.