Karya Ilmiah

DISERTASI (124) - Rehabilitasi Bagi Pecandu Sebagai Korban Penyalahgunaan Narkotika Dalam Sistem Pemidanaan

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The dissertation is titled "Rehabilitation of Victims of Abuse of Drug
Addicts for Criminal System In" which is based on the juridical-normative
research approach to statuted, the conceptual approach, case approach, and a
comparative approach. Legal materials used are primary and secondary legal
materials. The focus of this study outline provides a basis for better understanding
the concept of rehabilitation for drug addicts. This study was to review the
philosophical foundation for the rehabilitation setting drug addicts, the ratio
decidendi in the decision on rehabilitation for drug addicts, and ius constituendum
rehabilitation.
The philosophy of rehabilitation for drug addicts arrangement is based on
restorative justice as recovery activities that lead to the formation of action in the
form of rehabilitation. Rehabilitation carried out to drug addicts in lieu of criminal
sanctions. The rehabilitation measures capable of restoring the social and moral
quality of a person in order to integrate into society. Rehabilitation is possible
apply for drug addicts as a criminal system adheres to double track system.
Ratio decidendi in the decision for the rehabilitation of drug addicts is the
judge considering the health condition of drug addicts in the decision making. The
health condition of drug addicts known by requesting information from the
doctors associated with the disease and how to handle. In addition to the health of
drug addicts, the ratio decidendi in the decision on rehabilitation is to meet the
criteria that addicts are victims, the abuse of drugs for themselves, not dealers, and
possession of drugs for yourself.
Ius constituendum as criminal law aspired are calls for legal protection to
drug addicts. Legal protection is realized by way of clarifying the characteristics
of drug addicts as victims that distinguishes between addicts with dealers, as well
as clarify the ownership category. Legal protection is also realized by providing a
sufficient rehabilitation in human resources, facilities and systems.
Recommendations from the results of this study are setting penalties for
abusers of drugs should be revised and lead to aspects of treatment for drug
addicts, which is realized with the rehabilitation of drug addicts as an attempt
depenalitation. This is consistent with the concept of self-victimizing victims.
BNN, Ministry of Health, IPWL and communities should participate actively in
the implementation of rehabilitation by building institutions of rehabilitation.
Keywords: Rehabilitation, Drugs, and Drugs Abuse Victims

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Ketersediaan

030970522

0124

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

124

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

-

Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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