ANALISIS YURIDIS NORMATIF TERHADAP IMPLIKASI SEMA NOMOR 4 TAHUN 2010 DALAM MENENTUKAN REHABILITASI BAGI PENYALAHGUNA NARKOTIKA

Drug abuse in Indonesia is increasing and causing overcapacity of correctional institutions. Although Law Number 35 of 2009 opens up space for rehabilitation, its implementation is still inconsistent. SEMA Number 4 of 2010 is present as a guideline for providing rehabilitation, but in practice it is often ignored, as seen in Decision Number 27/Pid.Sus/2023/PN Sgm and Decision Number 183/Pid.Sus/2022/PN Pol which show disparities. The first problem identification in this study, what is the position of SEMA Number 4 of 2010 in determining rehabilitation for drug abusers? Second, what are the legal implications of the differences in the application of SEMA Number 4 of 2010 reviewed from the two decisions? The purpose of this study is to analyze the legal position of SEMA Number 4 of 2010 and evaluate the legal implications due to differences in its application, from the aspects of justice, legal certainty, and benefits. This study uses a normative legal method with a legislative, conceptual, and case approach, which focuses on literature analysis. The results of the study indicate that the position of SEMA Number 4 of 2010 which does not have binding force like a law, is one of the causes of inconsistency in the application of rehabilitation. Disparity in decisions has implications for violations of the principle of restorative justice, creates legal uncertainty, and reduces benefits according to the utilitarian approach. The conclusion of this study is that the inconsistency in the application of SEMA Number 4 of 2010 reflects the weak integration of rehabilitation policies in the criminal justice system. Therefore, it is recommended that the Narcotics Law be revised to explicitly regulate rehabilitation in order to explicitly regulate rehabilitation, and to strengthen the role of integrated assessment as an objective basis for determining sanctions for drug abusers.
Keywords: Drug Abusers, Rehabilitation, SEMA Number 4 of 2010, Disparity in Decisions, Revision of the Narcotics Law.