Paradigm Of Rehabilitation Of Narcotics According To The Perspective Of Human Rights In The Criminal Justice System

Richard Marolop Nainggolan ,Mompang Lycurgus Panggabean
Keywords: Rehabilitation, Narcotics, Human Rights. ,

Abstract

Human Rights (HAM) is a supreme gift from God, which is formulated as a natural right that is inherent and owned by humans as a gift from God Almighty to humans. The purpose of writing this article is to understand how to provide rehabilitation within the framework of protecting human rights for narcotics addicts who are victims of narcotics abuse who suffer from a lack of government control and oversight. in import, export, produce, grow, store, distribute, and or use narcotics. The lack of control and supervision by the government on the distribution of narcotics as stipulated in Article 4 of Law no. 35 of 2009 concerning Narcotics can lead to drug abuse. The Narcotics Law itself has not yet explained concretely the position of victims of narcotics abuse and the responsibility of the state towards the people who are victims of the use and distribution of narcotics. This article discusses (1) How is the implementation of rehabilitation for narcotics addicts who are victims of narcotics abuse in Indonesia; (2) Why is the state obliged to fulfill all basic human rights for its citizens; (3) What is the form of state responsibility for victims of narcotics abuse within the framework of human rights so that their constitutional rights are fulfilled. The method used is normative juridical research and empirical research which is qualitative in the form of evaluative research and analyzing applicable positive law. The results of the discussion conclude that: (1) Narcotics addicts are sick and deserve protection by placing them in medical and social rehabilitation institutions, (2) Narcotics addicts deserve protection, especially in fulfilling their basic rights in health services in the form of treatment and/or care organized in form of a rehabilitation facility.