CRIMINAL COURT PRACTICES IN HANDLING NARCOTICS CASES: BETWEEN PUNISHMENT AND REHABILITATION”

Abstract

This study explores the criminal justice practices in handling narcotics cases in Indonesia, focusing on the balance between punitive measures and rehabilitation efforts. Narcotics offenses present significant challenges dueto their complex social, health, and legal implications, requiring a comprehensive approach that extends beyond mere punishment. The research employs a qualitative method, analyzing statutory regulations, court decisions, and rehabilitation policies to understand how courts implement sentencing and rehabilitation. It also examines the tensions and synergies between criminalization and treatment paradigms within the judicial process. Findings reveal that while strict penal sanctions remain dominant in narcotics cases, there is an increasing recognition of rehabilitation's importance as a complementary measure. However, inconsistencies in judicial decisions and limited access to adequate rehabilitation facilities hinder effective implementation. The study highlights the critical role of legal frameworks like the Narcotics Law and Criminal Procedure Code, which provide judges discretionary power to combine imprisonment with rehabilitative interventions. Moreover, the research identifies systemic challenges, such as stigmatization of users, lack of specialized judges or prosecutors, and insufficient coordination between law enforcement and health agencies. This shift requires legal reforms, capacity building for judicial actors, and expanding rehabilitation infrastructure. The study concludes that achieving justice in narcotics cases demands harmonizing law enforcement objectives with public health strategies. It stresses that coherent policies and integrated criminal justice-rehabilitation frameworks are essential to reduce recidivism and promote social reintegration of drug offenders. This research contributes to the discourse on narcotics control policies by underscoring the necessity of an adaptive criminal justice system that acknowledges the complexity of drug problems. It provides empirical insights and policy recommendations for judicial practice, aiming to support the development of a more humane and effective narcotics legal regime in Indonesia.