Kajian Hukum Terhadap Ketergantungan Ahli (Dokter) Dalam Pembuktian Kasus Penyalahgunaan Narkotika

Abstract

Narcotics abuse is increasing in Indonesia. Of records in the National Narcotics Board of Indonesia number of addicts in the year 2012 as many as 3.8 (three point eight) million people. This shows that an abuse of narcotic addicts in Indonesia has increased. Type of research in this thesis is a normative legal research. This study aims to examine the legal assessment of narcotics offenses. To examine the role of constraints in expert testimony against drug abuse and to examine the testimony of expert judges consideration. Legal assessment of narcotics offenses stipulated in Law No. 35 of 2009, as set forth In Article 103 mentioned: (1) A judge may examine the case Narcotics addicts: a. Decided to instruct the concerned to undergo treatment and / or care, if the Narcotic addict convicted of narcotics offenses or b. Set to instruct the concerned to undergo treatment and / or care, if the Narcotic addict is not guilty of a crime Narcotics. (2) The period of treatment and / or care for addicts Narcotics referred to in paragraph (1) letter (a) is calculated as the penalty period. Further regulated in Article 43 paragraph (4) the delivery of narcotics by physicians can only be implemented for: a. running a medical practice by providing narcotics by injection, b. help sick people in emergencies by providing narcotics by injection, or c. perform tasks in a remote area that no pharmacy. Of these provisions, which is used as an expert witness doctors are doctors who have expertise on drugs, so that the medical certificate be taken into consideration by the judges. Constraints in the role of expert testimony against drug abuse. Internal constraints are a) the defendant can not bring a doctor who testified that he was a user not a dealer. b) many people still do not understand about their rights. People do not understand that if he or his family is the users / addicts can earn the right to get treatment as rehabilitated. Above the ignorance which is the result of the defendants did not file the rehabilitation assistance. External constraint is the defendant can not give assurance that he will be rehabilitated. It is difficult for the judges, because if the judge decides the defendant's rehabilitation, there must be a guarantee fee from the defendant to enter into rehabilitation. On consideration of the District Court Judge in Binjai on expert testimony (doctors) in the case of narcotics, Judge not having problems. Judicial District Court of narcotics cases in Binjai accordance with the Law on Narcotics. In the implementation of the rehabilitation of the defendant, the judge rehab on request of the defendant, prosecutor or lawyer. The defendant must show proof that he was a user / addict with proof letter from your doctor stating that the defendant is a drug addict.