REHABILITASI PECANDU NARKOBA SEBAGAI ALTERNATIF PEMIDANAAN DALAM SISTEM HUKUM PIDANA INDONESIA

Abstract

Drug abuse is a multidimensional crime that not only destroys the individual offender but also threatens social order and national resilience. The conventional penal system, which emphasizes imprisonment, has proven ineffective in reducing the rate of recidivism among drug addicts. This article aims to analyze rehabilitation as an alternative form of punishment for drug addicts within the framework of Indonesian positive law and to assess its effectiveness from the perspective of restorative justice. The research employs a normative juridical method with statutory and conceptual approaches. The results indicate that the regulation of rehabilitation for drug addicts is stipulated in Law Number 35 of 2009 concerning Narcotics, particularly Article 54, which mandates that addicts must undergo medical and social rehabilitation. However, implementation in practice still faces various obstacles, especially in law enforcement, the availability of rehabilitation institutions, and the retributive paradigm of legal officers. Rehabilitation as an alternative punishment should be strengthened through criminal policy reforms oriented toward recovery and the protection of human rights rather than retribution. The study concludes that the success of rehabilitation as an alternative punishment largely depends on the synergy between regulation, law enforcement, and social support to restore addicts as productive and dignified human beings.