Yourdana, Rezky (2024) Anomali Kedudukan Pasal 127 Undang-undang Nomor 35 Tahun 2009 Dan Pengaruhnya Terhadap Overcrowding Lapas Narkotika Kelas Iib Rumbai. Other thesis, Universitas Islam Riau.

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Abstract

There are still weaknesses in the form of obscurity regarding the construction of Chapter XV of Law Number 35 of 2009 concerning Narcotics regarding criminal provisions that contain the acts of “possessing”, “storing” and “controlling” as criminal acts of Narcotics. The impact on Narcotics criminal offenses (Users and Addicts), has a law enforcement mechanism in the Narcotics criminal justice system that is the same as the subject of drug trafficking. The method used in this research is library research (Normative). The data sources used in this research are primary data obtained directly from interviews with predetermined sources and secondary data sources obtained from various literature and laws and regulations. And the nature of this research is descriptive analytical. This study aims to analyze the anomalous position of Article 127 of Law No. 35/2009 on Narcotics and its impact on overcrowding in Class IIB Rumbai Narcotics Prison. Article 127 of Law No. 35 of 2009 concerning Narcotics provides provisions regarding sanctions for drug users, but in its implementation, there is a mismatch between the objectives of the law and the implementation in the field, especially related to the detention of drug users who are not balanced with adequate rehabilitation. As a result, many prisoners are trapped in an ineffective punishment system and lead to the accumulation of residents in Class IIB Rumbai Narcotics Prison. The results show that the passivity of Article 127 has the potential to exacerbate the continuing overcrowding conditions, which in turn worsens the physical and mental conditions of prison residents. This research recommends a policy revision that places more emphasis on rehabilitation for drug users and a reduction in reliance on detention as a solution to reduce overcrowding in prisons.

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