Criminal Justice and Pancasila Values in Decisions on Narcotics Abuse Cases as Part of The Development of The National Legal System

Abstract

This study aims to examine the application of Pancasila's justice values and the effectiveness of rehabilitation sanctions for victims of pure drug abuse to support the development of the national legal system. A normative juridical approach with analytical descriptive specifications was employed in conducting this research, utilizing secondary data from library research and primary data from interviews at the Brebes District Court. Based on the findings, it can be concluded that law enforcement practices in general are still trapped in the shackles of positivistic formal legality that prioritizes a punitive approach (imprisonment) for pure drug abusers. The tendency to impose prison sentences violates the values of humanity and social justice mandated by the Second and Fifth Principles of Pancasila. Furthermore, this condition triggers legal bias due to the application of double sanctions (a double-track system) that harms the recovery rights of addiction victims. Contributions to the development of integrative national law can be realized through the reconstruction of regulations in Article 54, Article 103 and Article 127 of the Narcotics Law by adding parameter regulations, namely guidelines for judges to become an absolute obligation for rehabilitation measures based on the results of the assessment, so that it is in line with the universal and restorative paradigm in the New Criminal Code (Law No. 1 of 2023).