IDEAS home Printed from https://ideas.repec.org/a/rbs/ijbrss/v11y2022i1p379-389.html
   My bibliography  Save this article

The reconstruction of rehabilitation for addictives and drug abuses in human rights perspective

Author

Listed:
  • Wawan Edi Prastiyo

    (Doctoral Program of Law, Universitas Udayana, Bali, Indonesia)

Abstract

Efforts to prevent, protect and save the Indonesian people from the abuse of Narcotics as intended by The Law Number 35 of 2009 concerning Narcotics are carried out through rehabilitation. The rehabilitation can release users from dependence and reduce the danger of disease for addicts and victims of abuse. The existence of rehabilitation is essentially the protection of human life and basic rights to health. It is in accordance with human values ??and legal objectives, namely to provide justice, benefit and legal certainty. These values ??are the basis for consideration that rehabilitation needs to be mandatory for addicts and victims of narcotics abusers. The overcoming narcotics crime by imposing imprisonment on addicts and victims of narcotics abuse certainly cannot break the chain of narcotics abuse. However, in practice, not all addicts and victims of narcotics abusers receive rehabilitation sanctions. The majority of the demands of the public prosecutor against the defendant are imprisonment, and only a few are demanding the imposition of rehabilitation, as well as the judge's decision. This is the evidence that the public prosecutor rarely demands rehabilitation for narcotics defendants. The existence of legal counsel and expert testimony is seen significant in influencing the judge to give a rehabilitation decision. This study will discuss on: 1) Analysis of judge's decisions for addicts and victims of narcotics abusers and 2) Reconstruction of rehabilitation arrangements in the narcotics law in the future. This research is normative juridical research examining various regulations regarding rehabilitation for addicts and victims of narcotics abusers as well as court decisions related to this problem. The legal materials used are analyzed qualitatively and presented in an analytical descriptive manner Key Words:rehabilitation, narcotics, human right

Suggested Citation

  • Wawan Edi Prastiyo, 2022. "The reconstruction of rehabilitation for addictives and drug abuses in human rights perspective," International Journal of Research in Business and Social Science (2147-4478), Center for the Strategic Studies in Business and Finance, vol. 11(1), pages 379-389, January.
  • Handle: RePEc:rbs:ijbrss:v:11:y:2022:i:1:p:379-389
    DOI: 10.20525/ijrbs.v11i1.1683
    as

    Download full text from publisher

    File URL: http://ssbfnet.com/ojs/index.php/ijrbs/article/view/1683/1175
    Download Restriction: no

    File URL: https://doi.org/10.20525/ijrbs.v11i1.1683
    Download Restriction: no

    File URL: https://libkey.io/10.20525/ijrbs.v11i1.1683?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Kanti Pertiwi & Susan Ainsworth, 2021. "“Democracy is the Cure?”: Evolving Constructions of Corruption in Indonesia 1994–2014," Journal of Business Ethics, Springer, vol. 173(3), pages 507-523, October.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Lapatawe B. Hamka & Muhammad Basir-Cyio & Aminuddin Kasim, 2022. "Reevaluation of the Concept of State Losses in Corruption (Analysis in the Perspective of Restorative Justice)," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 6(12), pages 513-519, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:rbs:ijbrss:v:11:y:2022:i:1:p:379-389. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Umit Hacioglu (email available below). General contact details of provider: https://edirc.repec.org/data/ssbffea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.