THE URGENCY OF THE LAW ON NARCOTICS CRIMES AS SEEN FROM THE REHABILITATIVE AND REPRESSIVE APPROACHES FROM A LEGAL PERSPECTIVE

Abstract

This study assesses the urgency of legal policy regarding drug crimes in Indonesia by comparing the effectiveness of rehabilitative approaches for users and repressive approaches for distribution networks. The background is the persistently high prevalence of abuse, correctional overcrowding, and disparities in the implementation of rehabilitation pathways in the field. Normatively, Law 35/2009 mandates rehabilitation through Articles 54, 55, and 103 on the one hand, and regulates severe sanctions for production and distribution on the other. The study uses a normative juridical approach linked to targeted socio-legal ones through statute, conceptual, and case approaches, as well as secondary data processing on prevalence, relapse, and prison occupancy. The analysis was conducted using doctrinal content analysis and pattern matching on the implementation of the Integrated Assessment Team, the achievement of rehabilitation referrals, and the quality of intelligence-based and financial enforcement. The study's findings indicate that mainstreaming rehabilitation for users, with early case screening and a standardized continuum of care, has the potential to reduce relapse and correctional burden, while freeing up enforcement resources to focus deterrence on production nodes and network financing. In the repressive realm, effectiveness increases if success metrics shift from the number of arrests to indicators of network dismantling, including asset confiscation. Regulatory revisions should establish evidence-based thresholds to distinguish personal use from distribution, always followed by integrated assessments and due process safeguards. Recommendations include standardizing service indicators, integrating rehabilitation financing with health insurance, consolidating intelligence-led policing, and establishing an interagency data system to ensure an effective feedback loop between health services and law enforcement. In conclusion, a policy mix that places users on an accountable rehabilitation path and sharpens sanctions against networks is the most rational option for reducing social impacts, improving public safety, and ensuring firm and humane justice.