Juridical Review of Penal Policy in Handling Narcotics in Indonesia

Abstract

This study aims to analyze the penal policy in tackling narcotics in Indonesia. The study used a juridical normative approach. The results showed that efforts to tackle criminal acts of narcotics abuse have two ways, namely using non-penal means or preventive measures (preventing before the crime occurs) and penal measures or repressive actions (after the crime has occurred). Repressive measures are all actions taken by law enforcement officials in response to the occurrence of a crime or criminal act, including repressive measures are investigations, prosecutions, and even crimes. Indonesia, in its efforts to tackle criminal acts of narcotics abuse, has formed a legal product to deal with this problem, including the issuance of Law Number 22 of 1997 concerning Narcotics, which has been amended by Law Number 35 of 2009 concerning Narcotics. Apart from these laws, there are also other regulations, both in the form of ministerial regulations, regulations from the head of the BNN, as well as joint decrees between the minister, the head of the BNN and the head of the Indonesian National Police.