ANALISIS KEBIJAKAN HUKUM PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA

Abstract

Drug abuse is one of the criminal acts that has multidimensional impacts on society, including health, social, economic, security, and national resilience aspects. The development of narcotics-related crimes has become increasingly complex, indicating that such offenses are no longer committed individually but have evolved into transnational organized crimes involving extensive criminal networks. In this context, criminal law policy serves as an essential instrument in preventing and combating drug abuse. This study aims to analyze Indonesia's criminal law policy regarding narcotics abuse, evaluate the effectiveness of Law Number 35 of 2009 concerning Narcotics, and formulate future criminal law reforms that balance legal certainty, justice, and social utility. This research employs normative legal research using statutory, conceptual, and case approaches. The data were collected through library research involving legislation, legal textbooks, scientific journals, and court decisions concerning narcotics crimes. The findings indicate that Indonesia's criminal law policy still emphasizes a punitive approach despite the accommodation of rehabilitation measures for drug users and addicts under Law Number 35 of 2009. The implementation of such policy faces several challenges, including inconsistent interpretation among law enforcement officers, limited rehabilitation facilities, and insufficient coordination among relevant institutions. Therefore, reformulation of criminal law policy is necessary by strengthening rehabilitation-oriented approaches, clarifying the legal distinction between users and traffickers, improving the professionalism of law enforcement officers, and enhancing institutional cooperation in combating narcotics crimes.