An Open Access Journal

ISSN: 10683844
Multicultural Education
Research Article

Publisher: Caddo Gap Press

REORIENTATION OF REHABILITATION INSTITUTIONS IN

LAW ENFORCEMENT AGAINST NARCOTICS ABUSE IN
PROGRESSIVE LEGAL PERSPECTIVE

Ali Imron
UIN Walisongo Semarang, Indonesia
Abdul Hamid
Universitas Islam Muhammad Asryad Albanjari Banjarmasin, Indonesia
Irene Svinarky
Universitas Putera Batam, Indonesia
Firman Adi Candra
Mathlaul Anwar University, Indonesia
Muhammad Salim Fauzi Lubis
Universitas Labuhan Batu, Rantau Prapat, Sumatera Utara, Indonesia
Unggul Basoeky
Unggul and Co Attorney At Law

ABSTRACT ARTICLE INFO

In an effort to observe the legal reality, it is necessary to reorient or rear- Keywords

range rehabilitation institutions as a means of law enforcement against nar- progressive legal, narcotics,
cotics abusers and addicts. Reorientation of rehabilitation institutions is an community, and reorientation
effort to improve rehabilitation institutions systematically and comprehen-
sively which concerns both in terms of legal substance, legal structure and
legal culture by referring to the restorative justice paradigm which restores
drug abusers and addicts to become better human beings and is accepted by
the community. Therefore, the aim of this paper is to reveal and describe
the reorientation of rehabilitation institutions in law enforcement against Article History
narcotics abuse in a progressive legal perspective. Based on the discussion, Received: 11 February 2021
found 2 (two) things. First, the obstacles to the implementation of rehabili- Accepted: 1 March 2021
tation institutions in law enforcement against narcotics abuse. second, the
reorientation of rehabilitation institutions in law enforcement against nar-
cotics abuse in a progressive legal perspective. Corresponding Author
[email protected]
© 2020 The authors.Published by CADDO GAP Press USA. This is an open access article under the Creative Commons Attribution Non Commercial 4.0

1 INTRODUCTION

The increase in the number of narcotics users causes various social phenomena. In line with
that, the President of the Republic of Indonesia, Ir. Joko Widodo (Jokowi) called on all parties to
be more aggressive in eradicating narcotics. Eradication of illicit goods is considered urgent be-
cause the development of narcotics abuse in Indonesia is already very worrying.
 Multicultural Education

Head of BNN Head of the National Narcotics Agency (BNN), Komjen Pol Petrus Reinhard
Golose said narcotics was a prolonged pandemic (Thamrin, H., & Liao, Y. M., 2018). In his speech,
Petrus said that the task of preventing and eradicating the abuse of narcotics and precursors, in-
cluding the duties of members of the BNN expert group, was noble (Reid, A., 1985). It must be
admitted that law enforcement programs against narcotics abuse in Indonesia are not appropriate,
so that it often creates other problems, namely overcapacity that occurs in several prisons in In-
donesia (Sabarinah, 2019).
Arsul revealed that almost 50 percent of the current prison occupants are drug convicts,
namely pure abusers who are not dealers, let alone dealers. Data from the Directorate General of
Corrections (Ditjenpas) as of May 6, 2021, shows that prisons in Indonesia are overloaded by up
to 131.077%. Most of the inmates who fill the prison are related to drug cases. There are 136,397
drug convicts scattered throughout the prison. The handling of prevention and eradication of nar-
cotics and precursor abuse should be a public health approach, not a criminal approach because if
law enforcement officials still send narcotics users and addicts to prison, it will only overwhelm
the prison.
Various legal regulations have accommodated rehabilitation institutions for drug abuse. Ar-
ticle 54 of Law no. 35 of 2009 concerning Narcotics states that Narcotics Addicts and victims of
drug abuse are required to undergo medical rehabilitation and social rehabilitation (Ariet.al.,
2010). In fact, according to Article 103 of the a quo Law, it states that the Judge examining the
Narcotics Addict case may decide to order the person concerned to undergo treatment and/or
treatment through rehabilitation if the Narcotics Addict is proven guilty of committing a Narcot-
ics crime; or stipulates to order the person concerned to undergo treatment and/or treatment
through rehabilitation if the Narcotics Addict is not proven guilty of committing a Narcotics
crime. In addition, Annisa, S. (2017), SEMA No. 4 of 2010 in conjunction with SEMA No. 3 of
2011 concerning Placement of Abusers, Victims of Abuse, and Narcotics Addicts in Medical Re-
habilitation and Social Rehabilitation Institutions. However, the rehabilitation policy is rarely
considered by law enforcement officers such as the police, prosecutors and courts. This condition
is evident for narcotics users who are convicted by the state (Agustiningsih, H., & Wahyuningsih, S.
E., 2018; Gross, S. R., Possley, M., & Stephens, K., 2017).
Barriers to the implementation of rehabilitation institutions in law enforcement against nar-
cotics abusers are Allen, F. A. (1959) first, the inconsistency of the rules of punishment for narcot-
ics abusers or addicts (Musto, D. F, 1999). Second, disharmony between law enforcement agen-
cies, including the police, prosecutors, courts, BNN, and other stakeholders in dealing with nar-
cotics abusers. Sectoral ego between law enforcement agencies, including the Police, Prosecutors
and Judges, BNN, Kemenhumkam, Kemenkes, Kemensos which fails to synergize in formulating
appropriate policies in handling narcotics abusers. Harmonized law enforcement tends to choose
to sentence defendants in narcotics cases to imprisonment despite their status as victims of users
and addicts. In addition, the weak function of the role of social and medical rehabilitation institu-
tions in rehabilitating drug abusers properly is due to budget constraints (Deren, S., & Randell, J.,
1990). Third, the paradigm of legal culture for the purpose of punishment, Smith, P. (2008) which
is still shackled to the perspective of retaliation, not the perspective of recovery and rehabilitation
of narcotics abusers and addicts. This has implications for the benchmark for the success of the
rehabilitation program which is often questioned by the public considering the relapse rate of
abusers based on data is still around 90% of all rehabilitated abusers (West, S. L., & Miller, J. H.,
1999; Adejoh, et.al, 2018).
Observing the legal reality above, it is necessary to reorient or rearrange rehabilitation insti-
tutions as a means of law enforcement against narcotics abusers and addicts. Reorientation of re-
habilitation institutions is an effort to improve rehabilitation institutions systematically and com-
prehensively which concerns both in terms of legal substance, legal structure and legal culture by
referring to the restorative justice paradigm which restores drug abusers and addicts to become
better human beings and is accepted by the community. Thus, it is hoped that the problem of
overcapacity in prisons, the sectoral ego of law enforcement, and the weak role of the function of
rehabilitation institutions can be resolved properly and the paradigm of punishment as retaliation
changes to a paradigm of recovery and rehabilitation. Based on the problem of various obstacles
to the implementation of rehabilitation institutions in law enforcement against drug abusers, it
encourages the author to write an article entitled "Reorientation of Rehabilitation Institutions in

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Law Enforcement Against Narcotics Abusers in a Progressive Legal Perspective". The problem
formulations that are narrated and answered are: (1) What are the obstacles to implementing the
Rehabilitation Institute in Law Enforcement against Narcotics Abusers? and (2) How to Reorient
Rehabilitation Institutions in Law Enforcement against Narcotics Abuse.

2 DISCUSSION

Barriers to the implementation of Rehabilitation Institutions in Law Enforcement Against

Narcotics Abuse

Narcotics rehabilitation is a repressive measure carried out for drug addicts (Tumanggor, F.,
Muazzul, M., & Zulyadi, R., 2019; Haris, A., Pulubuhu, D. A. T., & Radjab, M., 2020). Rehabilitation
measures are aimed at victims of narcotics abuse to restore or develop the physical, mental, and
social abilities of the sufferer concerned. The negative effects of narcotics according to Powers
(2018) are not only at the time of use but also at the time of cessation of narcotic use which caus-
es symptoms of abstinence (a series of severe symptoms due to discontinuation of drug use). A
deep sense of worry about the emergence of abstinence symptoms encourages a person to use
narcotics again. Psychological dependence occurs when narcotics users to avoid the problems of
life they face and escape from a situation or life's difficulties must continue to use narcotics again.
This situation keeps happening or repeats itself (Pitafi, A. H., Kanwal, S., & Khan, A. N., 2020).
Therefore, every individual victim of narcotics abuse must be dealt with by means of narcotics
rehabilitation, in order to restore his physical, mental and social condition, not punishment for
imprisonment which is currently rampant (Sun, M., & Zhang, J., 2021). Through rehabilitation
institutions, every drug user and user will be given coaching both in their attitudes and skills to
equip their lives in the future so that when they are said to be cured they can be accepted in the
community.
Judging from the juridical aspect, the existence of narcotics is legal and legal. The Narcot-
ics Law only prohibits the use of narcotics not in accordance with the provisions of the law
(Nugroho, 2020). This situation at the empirical level has resulted in narcotics being often mis-
used not for the sake of medicine and science, but as a promising and rapidly growing business
arena, where this activity has an impact on physical and mental damage to all levels of society. In
terms of age, narcotics are not only enjoyed by teenagers, but also middle-aged and old age
groups. The distribution of narcotics is no longer limited, Liu, Z. (2019) to big cities, but has en-
tered small towns and has penetrated into sub-districts and even villages (Maxwell, J. C., 2015;
Martin, J., 2014; Ahn et.al, 2016).
According to psychiatrist Graham Blaine (Blaine, G., 1971), the causes of drug abuse are as
follows (1) to prove courage in carrying out dangerous and risky acts; (2) to challenge an authori-
ty against a parent, teacher, law or regulatory authority; (3) to facilitate sexual distribution and
conduct; (4) to escape from loneliness and want to gain emotional experiences; (5) to strive to
find the meaning of life; (6) to fill the void and fill the feeling of boredom, due to lack of activity;
(7) to relieve frustration and anxiety caused by insurmountable problems and dead-end thoughts,
especially for those who have a dissonant personality; (8) to follow the will of the comrades and
to foster solidarity with the comrades; and (9) out of curiosity (curiosity) and just for kicks
(Capps, D., 2008).
Users and addicts should be placed as victims or patients who must be rehabilitated, and
the target of police operations are dealers/ dealers. However, law enforcement is often wrong in
implementing law enforcement against narcotics abusers, namely logic that assumes arresting us-
ers can certainly help to catch dealers and every user is part of the dealer. This erroneous logic
certainly cannot be guided by law enforcement against narcotics abusers and addicts. Users with
certain categories should be sentenced to rehabilitation as mandated in the Narcotics Law in con-
junction with the Circular Letter of the Supreme Court (SEMA) Number 7 of 2009 concerning
Placing Drug Users in Therapy and Rehabilitation Institutions in conjunction with SEMA No. 4
of 2010 in conjunction with SEMA No. 3 of 2011 concerning Placement of Abusers, Victims of
Abuse, and Narcotics Addicts in Medical Rehabilitation and Social Rehabilitation Institutions.
This is different for the dealers who are given strict criminal sanctions even if they meet the con-
ditions can be directly sentenced to death.
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The implementation of rehabilitation institutions in law enforcement against narcotics

abusers is not running as it should, this legal reality is motivated by various legal obstacles and
obstacles both regarding aspects of legal substance, legal structure and legal culture. This condi-
tion certainly cannot be left unattended, considering that it not only affects the overcapacity of
prisons dominated by narcotics prisoners but also violates human rights principles for victims of
drug abusers who should receive treatment and rehabilitation.
Concerning the legal substance aspect, namely the statutory regulations. According to E.
Utrecht, law is a set of guidelines for life (commands and prohibitions that regulate the order in a
society and should be obeyed by members of the community concerned, because violations of
these guidelines can lead to actions from the government. Inconsistency of sanctions regulations
punishment for narcotics abusers and addicts results in delays in the implementation of rehabilita-
tion institutions for narcotics abusers.Article 127 paragraph (1) of Law No. 35 of 2009 concern-
ing Narcotics regulates criminal sanctions in prison, as it is stated that every abuser (1) Narcotics
Category I for oneself shall be sentenced to a maximum imprisonment of 4 (four) years; (2) Nar-
cotics Category II for oneself shall be sentenced to a maximum imprisonment of 2 (two) years;
and (3) Narcotics Category III for oneself shall be sentenced to a maximum imprisonment of 1
(one) year.
This article is inconsistent with the aim of applying sanctions for drug abusers as regulated
in Article 54, Article 55, and Article 103 of the a quo Law. Article 54 of the a quo law stipulates
that "narcotics addicts and victims of narcotics abuse are required to undergo medical rehabilita-
tion and social rehabilitation". Furthermore, Article 55 of the a quo Law stipulates. Firstly, par-
ents or guardians of Narcotics Addicts who are not old enough are required to report to the public
health center, hospital, and/or medical rehabilitation and social rehabilitation institution appointed
by the Government to obtain treatment and/or treatment through medical rehabilitation and social
rehabilitation. Secondly, narcotics addicts who are old enough must report themselves or be re-
ported by their families to public health centers, hospitals, and/or medical rehabilitation and social
rehabilitation institutions appointed by the Government to receive treatment and/or treatment
through medical rehabilitation and social rehabilitation. .
Furthermore, Article 103 of the a quo Law, the Judge examining the case of Narcotics Ad-
dicts may decide to order the person concerned to undergo treatment and/or treatment through re-
habilitation if the Narcotics Addict is proven guilty of committing a Narcotics crime; or deter-
mines to order the person concerned to undergo treatment and/or treatment through rehabilitation
if the Narcotics Addict is not proven guilty of committing a Narcotics crime (Oktoraa, A. P., &
Tegnanb, H., 2011).
Sanctions of imprisonment for drug abusers as regulated in the formulation of Article 127
become an entry point for law enforcers not to apply rehabilitation sanctions for narcotics abus-
ers. The application of imprisonment for narcotics abusers clearly contradicts Article 4 of the a
quo Law which states that the Narcotics Law aims to ensure the regulation of medical and social
rehabilitation efforts for narcotics abusers and addicts. Rehabilitation as regulated in the Narcotics
Law aims at liberating addicts from narcotics dependence or addiction so that it can be said that
the concept of recovery is used in the Narcotics Law (Ariyanti, V., 2017).
The second obstacle concerns the legal structure, namely institutions and law enforcement
institutions against narcotics abusers (Fingerhood, M., 2000). The legal system is a system of le-
gal norms to achieve a goal or activity that is considered important by the community, the or-
der/guideline of behavior for legal life to realize public security and order, and to protect the vari-
ous interests of the community and create social order. inseparable relationship. Legal institutions
exist to strengthen the importance of law in human life. Law is the basis for the presence of legal
institutions (Wassen, C. (2016).
Sectoral ego or misalignment of law enforcement at the level of the police, prosecutors,
courts, BNN and other stakeholders is often an obstacle in implementing rehabilitation institu-
tions for narcotics abusers. Often the handling and legal action against narcotics abusers, whether
between the police, the prosecutor's office and the court, is not in conformity and harmonization.
Article 5 Police Regulation No. 8 of 2021 concerning Handling of Crimes Based on Restorative
Justice, stipulates that the material requirements for handling criminal acts based on restorative
justice in the activities of carrying out criminal investigation functions, investigations or investi-
gations, include (1) does not cause unrest and/or rejection from the public; (2) does not result in

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social conflict; (3) does not have the potential to divide the nation; (4) not radicalism and separa-
tism; (5) is not a repeat offender based on a Court Decision; and (6) is not a crime against terror-
ism, a crime against state security, a crime against corruption and a crime against people's lives.
Based on the Perpol a quo, the handling of narcotics abuse in the police institution can be
carried out on the basis of restorative justice. Restorative justice is a concept of justice that priori-
tizes recovery for victims and perpetrators. The concept of restorative justice is in line with the
implementation of rehabilitation for narcotics abusers. However, the handling of narcotics abuse
through restorative justice at the level of the police institution is often not in line with the law en-
forcement policies of the prosecutor's office. Requirements for the legal subject of the sus-
pect/accused/child who can be rehabilitated medically or socially from the perspective of the pub-
lic prosecutor, namely positive use of narcotics (laboratory BAP); there is a recommendation
from the Integrated Assessment Team; does not act as a dealer, dealer, courier or producer; not a
narcotics case recidivist; and when arrested or caught red-handed without evidence or with evi-
dence that does not exceed a certain amount.
With the conditions mentioned above, the Prosecutor's Office often disagrees if the han-
dling of narcotics crimes is completed through rehabilitation institutions and prioritizes settlement
through judicial institutions to prove whether narcotics abusers or users are not involved in nar-
cotics trafficking and are only limited to victims of narcotics abuse. In fact, sometimes the formu-
lation of the indictment of the public prosecutor against narcotics abusers does not include reha-
bilitation sanctions and only imprisonment and is grouped as follows in the singular (jail or fine
only), in alternative form (choice between fine or imprisonment), in the form of cumulative (pris-
on and fines), in the form of a combination/mixed (prison and/or fine).
Not only at the level of the police and the prosecutor's office, the misalignment of views of
criminal law enforcement even reaches the court level. The Supreme Court of the Republic of In-
donesia issued a breakthrough by issuing a Supreme Court Circular No. 04 of 2010 with the clas-
sification of criminal acts as follows (1) the defendant was caught red-handed when he was ar-
rested by Polri investigators and BNN investigators; (2) at the time of being caught red-handed
according to point a above, evidence of 1 (one) day use is found; (3) there is a certificate of posi-
tive laboratory test using narcotics based on the investigator's request; (4) a certificate from a
government psychiatrist appointed by a judge; (5) it is not proven that the person concerned is in-
volved in the illicit trafficking of narcotics.
As a result of these cumulative requirements, judges often find it difficult to impose reha-
bilitation sanctions on narcotics abusers, not to mention judges are shackled to the formulation of
indictments and demands of public prosecutors who do not apply rehabilitation sanctions to drug
abusers and addicts. Two obstacles, both inconsistency in punishment and harmonized law en-
forcement for narcotics abusers, cannot be separated from the influence of legal culture. From the
aspect of legal culture, a legal culture that still adheres to the purpose of criminal sanctions is
vengeance (vergelding) against people who have committed evil acts, which is a form of lagging
understanding and legal awareness of the purpose of punishment. In the modern era, the purpose
of punishment is no longer the embodiment of retaliation as was the philosophical goal of pre-
modern punishment, but to provide treatment and rehabilitation to criminals as a substitute for
punishment. Narcotics abusers are people who are sick and need treatment and rehabilitation. Ob-
serving the high level of imprisonment for narcotics users and abusers reflects the weak level of
legal awareness of law enforcers in taking any appropriate legal action for narcotics abusers.

Reorientation of Rehabilitation Institutions in Law Enforcement Against Narcotics Abuse

in a Progressive Legal Perspective

According to Satjipto Rahardjo, progressive law is carrying out the law not just black-and-
white words from regulations (according to the letter), but also requiring a deeper meaning (to
very meaning) from the law or law. Law enforcement is not only intellectual intelligence, but also
spiritual intelligence. In other words, law enforcement is carried out with determination, empathy,
dedication, commitment to the suffering of the nation and accompanied by the courage to find
other ways than what is usually done (Reaves, B., & Hickman, M. J., 1998).
One of the most important aspects in law enforcement is how to introduce law to the com-
munity and promote legal awareness for the community and of course law enforcers themselves.

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Law enforcers should not only regard the community as an object in law enforcement, but must
involve the community as a subject in law enforcement. Not a few who take advantage of the law
to enrich themselves without regard to the sense of justice that is coveted by all levels of society.
Therefore, this is where the need for responsive law enforcement (Giles, H., Willemyns, M.,
Gallois, C., & Anderson, M. C., 2007.
Progressive law is part of the never-ending process of searching for the truth. Progressive
law, which can be seen as a concept that is looking for identity, departs from the empirical reality
of the workings of law in society, in the form of dissatisfaction and concern with the performance
and quality of law enforcement in the setting of Indonesia at the end of the 20th century. The big
agenda of progressive legal ideas is to place humans at the main center of all legal discussions.
Based on the progressive legal policy, it invites to pay more attention to the factors of human be-
havior. Therefore, the objective of progressive law places a combination of regulatory factors and
law enforcement behavior in society. This is where the importance of understanding the idea of
progressive law, that the concept of "the best law" must be placed in the context of an integrated
whole (holistic) in understanding human problems. Thus, the idea of progressive law does not
merely understand the legal system on a dogmatic nature, but also aspects of social behavior on
an empirical nature. So it is expected to see humanitarian problems as a whole oriented to sub-
stantive justice (Dekker, S. W., & Breakey, H., 2016).
Progressive law does not understand law as an institution that is final and absolute, but is
determined by its ability to serve humans. In the context of such thinking, the law is always in the
process of continuing to be. Law is an institution that continuously builds and changes itself to-
wards a better level of perfection. The quality of perfection here can be verified in the factors of
justice, welfare, concern for the people and others. This is the essence of "law which is always in
the process of becoming (law as a process, law in the making).
Reorientation comes from the words "re" and "orientation" with the suffix "re" meaning to
return to the way it was; rearrangement (drawing). Orientation means forward determination to-
wards and about something new. This is very important with regard to the various conditions that
exist, the events that occur and the opportunities that open up in everyone's life. Overcapacity in
prisons due to narcotics perpetrators and legal awareness of law enforcers certainly demands the
restructuring of rehabilitation institutions for law enforcement in narcotics abuse.
Guided by Lawrence Freidman's theory, law is a system consisting of interrelated sub-
systems. The legal system itself is divided into three elements, the first is the legal structure. Ac-
cording to Friedman, the legal structure is “the structure of a system is its skeleton or framework;
it is the permanent shape, the institutional body of the system, the though rigid norms that keep
the process flowing within bounds… The structure of legal system consists of elements of this
kind: the number and size of courts; their jurisdiction (that is, what kind of cases the hear, and
how and why); and modes of appeal from one court to another. Structure also means how legisla-
ture is organized, how many members…, what a president can (legally) do or not do, what proce-
dures the police department follows, and so on. Structure, in a way, is kind of cross section of the
legal system? A kind of still photograph, which freezes the action”.
Friedman's statement regarding the legal structure places the important position of the in-
stitution of a legal system in the operation of a law. It is a skeleton or framework, a framework
that makes a system work. Friedman then analogizes the legal structure as a factory or a giant
computer program that processes the problems faced by a legal system. It is a factory where
shock waves of demand, radiating out of society are processed and then become a certain action.
Furthermore, Friedman stated that the legal structure is the institutional body of the sys-
tem, the though rigid bones that keep the process flowing within bounds. The importance of a
structure, according to Friedman, places the important institutional role of a legal system in order
to work—as a bone that refutes a legal system through an institution that aims to keep a legal sys-
tem flowing within bounds. Furthermore, in terms of rehabilitation institutions, the legal structure
is in terms of nouns and verbs in the sense that the 'thing' is a medical and social rehabilitation in-
stitution, and because it is also related to the way the institution works, it is also related to the
verb of the institution rehabilitation itself (Chronister, J. A., Johnson, E. K., & Berven, N. L., 2006).
It should be further understood that the reorientation of the structure of the rehabilitation
institution may only be limited to the rehabilitation institution an sich but also the structural sys-
tem of the rehabilitation institution, meaning by building an ecosystem of the structure of the re-

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habilitation institution so as to realize harmonization and synergy between stakeholders. Sectoral

ego and misalignment of law enforcement agencies, including the police, prosecutors and courts,
must be harmonized and no longer adhere to a double track criminal system and prioritize rehabil-
itation institutions as the only criminal sanction for narcotics abusers who need recovery from de-
pendence on consuming these illicit goods. As an institutional system, there will be harmony and
connectivity between these institutions. Strengthening relations and connectivity between law en-
forcement institutions at the police level to the courts and even increasing the number of rehabili-
tation places in each district/city. Strengthening the quantity of rehabilitation places is needed be-
cause until now there are very few places for rehabilitation and the places for rehabilitation are
not evenly distributed to areas so that it is often difficult for addicts to obtain optimal health care
services. The need for rehabilitation institutions that are managed by the community as well as
government-owned rehabilitation institutions such as rehabilitation centers and hospitals that al-
ready have clear standard operating procedures.
By looking at the phenomenon of the overcapacity condition of prisons, it seems that hu-
manistic law enforcement is far from being baked from fire. Serious steps should be taken that are
effective in reducing the number of narcotics abuse in Indonesia. The need for a shift in approach
from just a discussion of punishment to a restorative model considering the current criminal sys-
tem often creates problems in the prison system. The out-of-court settlement mechanism is based
on a progressive legal perspective, namely 'restorative justice', which is not aimed at retaliating or
giving suffering to the perpetrator.
Therefore, the Police, Prosecutors and Courts as well as Community Counselors or Correc-
tional Centers, Advocates or aid providers, BNN, Kemenhumkam, Ministry of Health, Ministry
of Social Affairs and related institutions as institutions or institutions in handling drugs can run
flexibly and effectively. in determining whether the victim will be released or processed in court
to the stage when the victim will be placed in choices, ranging from being released to being in-
cluded in a sentencing institution in the corridor of restorative justice. It is in line with (1) United
Nations Declaration on The Basic Principles on the Use of Restorative Justice Programs in Crim-
inal Matters; (2) Vienna Declaration on Crime and Justice (Vienna Declaration on Crime and Jus-
tice: "Meeting the challenges of the Twenty-First Century") points 27-28 concerning Restorative
Justice; and (3) The XI UN Congress in Bangkok in 2005 on the Prevention of Crime and Crimi-
nal Justice (Eleventh United Nations Congress on Crime Prevention and Criminal Justice) at point
32: "Strategic Alliances in the Prevention of Crime and Criminal Justice (Synergies and Respons-
es: Strategic Alliances) in Crime Prevention and Criminal Justice)".
As for restorative justice, it has several advantages, for the victim, recovery of loss of as-
sets, physical suffering, security, dignity and satisfaction or a sense of justice can provide legal
certainty. As for the perpetrator, the application of restorative justice makes the perpetrator re-
sponsible for repairing the losses caused by his actions. Giving shame so that the perpetrator does
not repeat the crime. For the community, restorative justice can make criminal problems a lesson
so that community members do not commit criminal acts (Congram, D., Green, A. G., & Seferian, P.
P., 2013).
Second, Freidman views legal substance as one of the two elements that are often dis-
cussed in the legal system in addition to the legal structure. Friedman further states that legal sub-
stance is something formed by rules, it is the substance of the law in the form of a set of rules—
substantive rules. The second element in the legal system is the element of legal substance.
Friedman said that "The substance is composed of substantive rules and rules about how institu-
tions should behave. By this is meant the actual rules, norms, and behavioral patterns of people
inside the system ...the stress here is on living law, not just rules in law books.
With regard to rehabilitation institutions, legal substance is the umbrella rules for rehabili-
tation institutions, both in terms of nouns, adjectives, and verbs. The reorientation of the legal
substance of rehabilitation institutions is by changing the content of the Narcotics Law to regulate
more fully and systematically the regulation of medical and social rehabilitation institutions. In
addition, some of the contents of Government Regulations and organic regulations below that
regulate the procedures and substance of rehabilitation institutions for narcotics abusers or addicts
must be reformulated with a humanist public health approach (Srinivas, J., Das, A. K., & Kumar, N.,
2019). The reason is simple, by suppressing the number of users and addicts, it will significantly

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damage and reduce the number of illicit narcotics trafficking. This can only happen if the public
health approach is carried out optimally, not with harsh penalties but humanistic law enforcement.
At the police level, it is necessary to revise the Regulation of the Indonesian National Po-
lice No. 08 of 2021 concerning the Handling of Crimes based on Restorative Justice, which needs
to rearrange the subjective and objective requirements for both users and addicts to be rehabilitat-
ed or given treatment from a Health perspective. In addition, at the court level, SEMA No. 4 of
2010 in conjunction with SEMA No. 3 of 2011 concerning Placement of Drug Users, Victims of
Abuse, and Narcotics Addicts in Medical Rehabilitation and Social Rehabilitation Institutions re-
lated to the placement of narcotics users and addicts in rehabilitation places needs to be revised,
namely the content material that states "can" be changed to "mandatory" categorized as rehabilita-
tion measures namely the defendant was caught in the hands of Police and BNN investigators;
when caught red-handed found evidence of one-day use; there is a certificate of positive laborato-
ry test using narcotics based on the investigator's request; a certificate from a government psychi-
atrist appointed by a judge; it is not proven that the person concerned is involved in the illicit traf-
ficking of narcotics.
Referring to the explanations above, both legal structure and legal substance play an important role
in the operation of a legal system. The two elements are interrelated. Structure works based on substance,
and substance cannot work without an adequate structure. The problem, according to Friedman, is that the
structure and substance of the law, even though they are important components of a legal system, are a
blueprint or design, not a working machine. In other words, they are not the only important elements that
can make a legal system work well. There is a power that functions for choosing the parts of law, and that
is what Friedman calls the third element or legal culture. Friedman further states that legal culture is: “the
legal culture, system their beliefs, values, ideas and expectation. Legal culture refers, then, to those ports of
general culture customs, opinions ways of doing and thinking that bend social forces toward from the law
and in particular ways, …. In other word, is the climate of social thought and social force which deter-
mines how law is used, avoided, or abused”.
Friedman's statement about legal culture is very broad. Friedman also places social ele-
ments that influence or determine how the law is used, avoided, and abused. However, Friedman
also places elements of beliefs and ideas in the legal culture section. These two things may mean
principles or principles that are 'entrenched' in a legal system, then it turns into a set of rules and
regulates how a legal system should work, including how an institution then works or coordi-
nates.
The reorientation of the legal culture of rehabilitation institutions is prioritized to increase
legal awareness for law enforcement, especially BNN in eradicating narcotics crimes based on the
authority of BNN to carry out investigations and investigations which are legal constructions by
looking at humanitarian problems as a whole oriented to substantive justice. Legal awareness that
not only understands the law as an absolute final institution, but also involves the community as a
subject in law enforcement by paying attention to a sense of justice. The problem of narcotics
abuse or drug addicts must be seen as a humanitarian problem that should be viewed as a whole
and oriented towards substantive justice. A comprehensive legal awareness is needed from law
enforcers, namely awareness that comes from external factors and internal factors. Legal aware-
ness that comes from external factors is sourced from the perception or mindset behind the ac-
tions of the parties involved in the meaning process, namely victims, communities, perpetrators,
law enforcement officers. Meanwhile, legal awareness that comes from internal factors from the
side of law enforcement officers is studied because the political bureaucracy consists of support-
ing officers, namely humans interact with the bureaucracy that accommodates it. Depending on
the bureaucracy as a form of self-existence through the interpretative process of individuals and
the environment so that internal factors will always be related to external factors.
Based on this thought, legal awareness as an embodiment of legal culture is also the result
of BNN's interaction with its environment which includes the legal, social, political and so on. In
this case, the National Narcotics Agency and the environment interact immediately and through a
process of how that understanding is formed. The existence of BNN in conducting investigations
and investigations is a phenomenon that arises in line with the reorientation of BNN's legal cul-
ture which cannot be separated from part of a social construction. BNN constructs the reality of
knowledge about the authority of investigation and investigation which is not only finding
docmatic legal meaning that comes from intellectual intelligence but also understanding the main
tasks and authorities within the framework of spiritual intelligence, namely conducting investiga-

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tions and investigations in the construction of human aspects, empathy and dedication and com-
mitment. against the suffering of the nation, dissertation with the courage to find the best way for
narcotics abusers.

3 CONCLUSION

Law enforcement against narcotics and precursor abuse should be through a public health
approach, not a criminal approach, because narcotics abuse must be dealt with by means of reha-
bilitation in order to restore physical, mental and social conditions, not punishment for imprison-
ment which has been rampant so far. Through rehabilitation institutions, every drug user and user
will be given coaching both in their attitudes and skills in order to equip their lives in the future so
that they can be accepted in their environment again.
It is not easy to implement a rehabilitation institution in law enforcement against drug
abusers because there are various legal obstacles and obstacles, both regarding aspects of legal
substance, legal structure and legal culture. Inconsistency in the regulation of punitive sanctions
against narcotics abusers and addicts, sectoral ego or misalignment of law enforcement at the po-
lice, prosecutor, court and other stakeholder levels and a legal culture that still adheres to the pur-
pose of criminal sanctions as vengeance (vergelding) against people who have committed evil
acts. .
In order to implement the rehabilitation institution properly, it is through the reorientation
of the rehabilitation institution. restructuring (reorientation) of rehabilitation institutions towards
law enforcement in narcotics abuse. Reorientation of rehabilitation institutions must be carried
out comprehensively, namely within the framework of a unified system of rehabilitation institu-
tions involving aspects of legal structure, legal substance and legal culture. The reorientation of
the structure of the rehabilitation institution may be limited to only the rehabilitation institution an
sich but also the structural system of the rehabilitation institution, meaning by building an ecosys-
tem of the structure of the rehabilitation institution so that harmonization and synergy between
stakeholders are realized. The reorientation of the legal substance of rehabilitation institutions is
by changing the content of the Narcotics Law to regulate more fully and systematically the regu-
lation of medical and social rehabilitation institutions. In addition, some of the contents of Gov-
ernment Regulations and organic regulations below that regulate the procedures and substance of
rehabilitation institutions for narcotics abusers or addicts must be reformulated with a humanist
public health approach. The reorientation of the legal culture of rehabilitation institutions is prior-
itized to increase legal awareness for law enforcement, especially BNN in eradicating narcotics
crimes based on the authority of BNN to carry out investigations and investigations which are le-
gal constructions by looking at humanitarian problems as a whole oriented to substantive justice.

References

1. Sabarinah. (2019). Use of Drug Treatment and Rehabilitation Services in Indonesia: Findings of
the 2014 National Narcotic Survey. Asia Pacific Journal of Public Health, 31(6), 548-558.
2. Thamrin, H., & Liao, Y. M. (2018, August). Drug-Related Crimes and Control in Indonesia and
Taiwan: Cooperation Regarding Narcotics Smuggling Prevention and Countermeasures from the
Point of View of International Law. In International Conference on Knowledge Management in
Organizations (pp. 312-323). Springer, Cham.
3. Reid, A. (1985). From betel-chewing to tobacco-smoking in Indonesia. The Journal of Asian
Studies, 44(3), 529-547.
4. Annisa, S. (2017). Dasar pemberian rekomendasi oleh tim asesmen terpadu sebagai
pertimbangan bagi hakim dalam menjatuhkan sanksi tindakan rehabilitasi bagi pelaku
penyalahguna narkotika (Doctoral dissertation, Universitas Gadjah Mada).
5. Ari, H., Belli, S., & Gunes, B. (2010). Sealing ability of Hybrid Root SEAL (MetaSEAL) in
conjunction with different obturation techniques. Oral Surgery, Oral Medicine, Oral Pathology,
Oral Radiology, and Endodontology, 109(6), e113-e116.

 Vol. 08, No. 01, 2022 158

 Multicultural Education

6. Allen, F. A. (1959). Criminal justice, legal values and the rehabilitative ideal. J. Crim. L. &
Criminology, 50, 226.
7. Musto, D. F. (1999). The American disease: Origins of narcotic control. Oxford University
Press.
8. Smith, P. (2008). Punishment and culture. University of Chicago Press.
9. West, S. L., & Miller, J. H. (1999). Comparisons of vocational rehabilitation counselors' atti-
tudes toward substance abusers. Journal of Applied Rehabilitation Counseling, 30(4), 33-37.
10. Adejoh, S. O., Temilola, O. M., & Adejuwon, F. F. (2018). Rehabilitation of drug abusers: the
roles of perceptions, relationships and family supports. Social work in public health, 33(5), 289-
298.
11. Deren, S., & Randell, J. (1990). The vocational rehabilitation of substance abusers. Journal of
Applied Rehabilitation Counseling, 21(2), 4-6.
12. Agustiningsih, H., & Wahyuningsih, S. E. (2018). Decision of Linked with Narcotics Convicted
in Act No. 35 Of 2009 in The District of Sumber Court. Jurnal Daulat Hukum, 1(3), 597-604.
13. Gross, S. R., Possley, M., & Stephens, K. (2017). Race and wrongful convictions in the United
States.
14. Tumanggor, F., Muazzul, M., & Zulyadi, R. (2019). Handling of narcotics child victims in child
special coaching institutions Class I Tanjung Gusta, Medan. Budapest International Research
and Critics Institute-Journal (BIRCI-Journal), 50-55.
15. Haris, A., Pulubuhu, D. A. T., & Radjab, M. (2020). Change in health behavior of adolescents
drugs addicts in Makassar. Enfermería Clínica, 30, 382-385.
16. Powers, K., Hanssens, D. M., Hser, Y. I., & Douglas Anglin, M. (2018). Measuring the long-
term effects of public policy: The case of narcotics use and property crime. In LONG-TERM
IMPACT OF MARKETING: A Compendium (pp. 75-105).
17. Pitafi, A. H., Kanwal, S., & Khan, A. N. (2020). Effects of perceived ease of use on SNSs-
addiction through psychological dependence, habit: The moderating role of perceived useful-
ness. International Journal of Business Information Systems, 33(3), 383-407.
18. Sun, M., & Zhang, J. (2021). Rampant false detection of adaptive phenotypic optimization by
parTI-based Pareto front inference. Molecular biology and evolution, 38(4), 1653-1664.
19. Nugroho, B., Bangsawan, M. I., Malik, M., Hardiati, R. Y., Diarti, D. K., & Budiono, A. (2020).
Effectiveness of Assimilation Implementation on Criminal Criminators of Narcotics (Case Study
at the Surakarta City Detention Center). International Journal of Multicultural and
Multireligious Understanding, 7(8), 768-778.
20. Liu, Z. (2019). Criminal state: understanding narcotics trafficking networks in North Korea.
Journal of Financial Crime.
21. Maxwell, J. C. (2015). The pain reliever and heroin epidemic in the United States: shifting winds
in the perfect storm. Journal of addictive diseases, 34(2-3), 127-140.
22. Martin, J. (2014). Lost on the Silk Road: Online drug distribution and the ‘cryptomarket’. Crim-
inology & Criminal Justice, 14(3), 351-367.
23. Ahn, J., Bohl, D. D., Tabaraee, E., Aboushaala, K., Elboghdady, I. M., & Singh, K. (2016). Pre-
operative narcotic utilization: accuracy of patient self-reporting and its association with postop-
erative narcotic consumption. Journal of Neurosurgery: Spine, 24(1), 206-214.
24. Blaine, G. (1971). adjustment reaction of adolescence. Psychiatric Annals, 1(3), 46-70.
25. Capps, D. (2008). Jesus the village psychiatrist. Westminster John Knox Press.
26. Oktoraa, A. P., & Tegnanb, H. (2011). Strategy for Implementing Operations to Handle the
Crime of Narcotics. Indiana Journal of Global Legal Studies, 18, 901-27.
27. Ariyanti, V. (2017). The victims of drugs abuse and their legal status in the Indonesian narcotics
law. International Journal of Business, Economics and Law, 13(4), 119-123.
28. Wassen, C. (2016). The Jewishness of Jesus and ritual purity. Scripta Instituti Donneriani
Aboensis, 27, 11-36.
29. Fingerhood, M. (2000). Substance abuse in older people. Journal of the American Geriatrics So-
ciety, 48(8), 985-995.
30. Reaves, B., & Hickman, M. J. (1998). Census of state and local law enforcement agencies,
2000. US Department of Justice, Office of Justice Programs.

 Vol. 08, No. 01, 2022 159

 Multicultural Education

31. Giles, H., Willemyns, M., Gallois, C., & Anderson, M. C. (2007). Accommodating a new fron-
tier: The context of law enforcement. Psychology Press.
32. Dekker, S. W., & Breakey, H. (2016). ‘Just culture:’Improving safety by achieving substantive,
procedural and restorative justice. Safety science, 85, 187-193.
33. Chronister, J. A., Johnson, E. K., & Berven, N. L. (2006). Measuring social support in rehabilita-
tion. Disability and rehabilitation, 28(2), 75-84.
34. Congram, D., Green, A. G., & Seferian, P. P. (2013). Deposition and Dispersal of Human Re-
mains as a Result of Criminal Acts: Homo sapiens sapiens as a Taphonomic Agent 1. In Manual
of forensic taphonomy (pp. 361-402). CRC Press.
35. Srinivas, J., Das, A. K., & Kumar, N. (2019). Government regulations in cyber security: Frame-
work, standards and recommendations. Future Generation Computer Systems, 92, 178-188.

 Vol. 08, No. 01, 2022 160