1395 Jurnal Hukum Volkgeist https://doi.org/10.35326/volkgeist.v6i1.1395 Vol. 6 No.2, June 2022 219 The National Narcotics Agency of Kupang City’s Ideal Method for Handling Drug Abuse Nurdin1*, Ahmad Yusuf Fatah1, Siti Syahida Nurani1, Arief Budiono2, Satria Akbar1 1Faculty of Law, University of Muhammadiyah Kupang, Indonesia 2Faculty of Law, University of Muhammadiyah Surakarta, Indonesia *Correspondence: nurdin211264@gmail.com ARTICLE HISTORY ABSTRACT Received: 07.05.2022 Accepted: 06.06.2022 Published: 30.06.2022 This paper discussed the ideal method for resolving cases of drug abuse by the National Narcotics Agency of Kupang City, East Nusa Tenggara, Indonesia. This study used a sociological juridical approach that is based on the provisions of laws and regulations related to legal theories. It sees the reality that occurs in society, namely the method to resolve the drug abuse issues. The results of the research showed that in handling cases of drug abuse, the National Narcotics Agency of Kupang City carried out the processes of investigation, the transfer of the case to the public prosecutor, and its transfer to the district court. Drug abusers who were red-handedly caught may obtain medical and social rehabilitation based on the judicial decision. It is concluded that the National Narcotics Agency of Kupang City has undergone ideal methods in handling cases of drug abuse. Keywords: Drug Abuse; Handling; Ideal; Kupang City ARTICLE LICENCE Copyright © 2022 The Author(s): This is an open-access article distributed under the terms of the Creative Commons Attribution ShareAlike 4.0 International (CC BY-SA 4.0) 1. Introduction The issue of drug abuse concerns the mission of improving human treatment, as it has a great influence on preventing and reducing crime. Thus, this problem is not only meant to protect individual interests but is also to protect the interests of society and the state (Jamal, 2020). Eradicating the crime of drug abuse is not an easy thing to do, especially because drug abuse perpetrators have many methods and tricks to prevent getting arrested. This makes it difficult to detect such crimes. Therefore, as stated in Article 104 of Law No. 35 of 2009 concerning Narcotics, the community has a great role: "The community has the widest opportunity to participate in helping prevent and eradicate the abuse and the illicit trafficking of narcotics (Jamal, 2020).” The decrease in the rule of law index is influenced by various variables, say that in the theory of the legal system, there are 3 (three) main variables, namely legal structure, legal substance and legal culture. In its development, the variables of the legal system, legal structure, legal substance and legal culture have a very large legal bond in ensuring the achievement of law enforcement with the dimensions of justice and peace in society (Salam, 2022). The misuse of narcotics, psychotropics and addictive substances is very dangerous for humans. Therefore, it is necessary to properly handle, prevent, and overcome the abuse of these substances (Adam, 2018). The government and social institutions have carried out several penal and non-penal efforts to tackle the problem of drug abuse. According to Wresniwiro and Hariyati, the penal efforts to overcome drug abuse include using criminal penalties and sanctions. Meanwhile, the non-penal efforts are carried out without punishment and criminal sanctions, by employing religious, moral, and character education (Azhar, 2021). Adolescents are usually introduced to drugs from their peers who offer drugs, which are either accompanied by promises or through pressure and coercion. Usually, they were first offered to try cigarettes or alcohol. After getting used to it, it will be easier for the adolescents to switch to the habit of using other types of addictive substances, such as marijuana or heroin (Bohari, 2003). Responding to the development of increasingly serious drug problems that occur, such as drug abuse, illegal distribution of drugs, addiction, and the rampant occurrence of drug crimes (Hidayat, 2019), the Decree of P ISSN: 2528-360X E ISSN: 2621-6159 Jurnal Hukum Volkgeist Volume 6 No 2: 219-228 220 the Republic of Indonesia’s People’s Consultative Assembly Number VI/MPR/2002 through the General Session of the People's Consultative Assembly in 2002 has recommended the Republic of Indonesia's Legislative House and President to amend the Law Number 22 of 1997 concerning Narcotics. Therefore, the government and the Legislative House passed and enacted Law Number 35 of 2009 concerning Narcotics, as an amendment to Law Number 22 of 1997. Based on Law Number 35 of 2009, the National Narcotics Agency (Badan Narkotika Nasional/BNN) was given the authority to investigate drug abuse and precursor crimes (BNN Kota Kupang (Kupang City National Narcotics Agency), 2020). Based on these provisions, the National Narcotics Agency of Kupang City, East Nusa Tenggara Province, cooperates with several parties, including the government and private agencies to become anti-drug cadres with the mission to prevent and eradicate the abuse and the illicit trafficking of drugs). According to the data on the abuse of narcotics and illegal drugs handled by the National Narcotics Agency of Kupang City from 2015 to 2019, the highest drug abuse happened in 2015, where there were thirteen cases of abuse. The drug abuse perpetrators were aged between 11 to 60 years old, with varying education levels, namely from elementary school to university level. They also embraced various religions, namely Christianity, Catholicism, Islam, and Hinduism (BNN Kota Kupang (Kupang City National Narcotics Agency), 2020). Several efforts such as preventive, repressive, and curative actions have been taken. The repressive actions were carried out by arresting drug users and dealers. The preventive actions were carried out by organizing seminars and socialization for adolescents, students, and college students. Then, the curative actions include providing rehabilitation that is either managed by the National Narcotics Agency or private agencies. These steps have been taken as the steps to eradicate drug abuse and illicit trafficking. But there are still many cases of drug abuse the sales of various drugs, people use roaches, inhale methamphetamines, and inject heroin and morphine. There are also misuse of substance that seems trivial, namely inhaling glue. These misuses still occur, because the eradication cannot be carried out by only the National Narcotics Agency and related agencies without the support/assistance of the community itself. the development of the times. Das Sein from the eradication of the crime of drug abuse in Kupang is that there is no more misuse of drugs in the society. But the misuse of drugs in society never stops as the drug business is highly profitable. The drug abuse eradication is Das Sollen, where drug abuse is legally declared as a crime, and the law enforcement apparatus carry out preventive, repressive, and curative legal steps to achieve the das sein. Proper handling is required to resolve the issue of drug abuse carried out by both dealers and users. There needs to be an increase in public awareness. The public needs to be involved and feel jointly responsible in dealing with drug abuse as it can destroy the future of the nation's generation. Based on this framework, the research problem is, “What is the ideal treatment for drug abuse perpetrators in Kupang City?” 2. Methodology This study used the qualitative method (Nawawi, 2019). It used a sociological juridical approach which is based on the provisions of the applicable legislation associated with legal theories. This method also sees the reality that occurs in society that is related to the discussed issues. 3. Results and Discussion 3.1. Kupang City National Narcotics Agency’s Method in Handling of Drug Abuse In handling drug abuse carried out by drug users and dealers, the Kupang City National Narcotics Agency carried out the following steps: 3.1.1. Obtaining reports or complaints from the public In accordance with the Narcotics Law Number 35 of 2009 concerning Community Participation Chapter XIII, in the efforts to handle, prevent, and eradicate drug abuse, the Kupang City National Narcotics Agency provides the widest opportunity for the community to participate in assisting the prevention and eradication of drug abuse and illicit trafficking of drugs. In the efforts to eradicate narcotics in the community environment, the community has the following rights (The Republic of Indonesia’s Government, 2009): a. Seeking, obtaining, and providing information on the suspicions that drug abuse may occur; P ISSN: 2528-360X E ISSN: 2621-6159 Jurnal Hukum Volkgeist Volume 6 No 2: 219-228 221 b. Finding services in searching for, obtaining, and providing information regarding the allegations of drug abuse to the law enforcement or to the National Narcotics Agency that handles the crime of drug abuse; c. Responsibly delivering suggestions and opinions to the law enforcement or the National Narcotics Agency that handles drug abuse cases; d. Obtaining answers to questions about their reports that are submitted to the law enforcement or the National Narcotics Agency; and e. Obtaining legal protection when the person concerned exercises his/her rights or is asked to attend the judicial process. 3.1.2. The Indictment and Investigation of Drug Abuse Cases by the National Narcotics Agency of Kupang City. In the effort to prevent and eradicate drug abuse, the investigators of the National Narcotics Agency in Kupang City conducted an investigation after receiving reports or complaints from the public or after independently occurring information on the cases of drug abuse. After that, investigators made further efforts to find evidence at the crime scene. The most important part of the case process is the issue of evidence from the results of this investigation, whether the reported party will be declared guilty or acquitted. These objects are commonly known as the evidence of the crime (copus delicti). Therefore, when caught the drug abusers red- handedly, we confiscate the evidence at the crime scene to determine the status of the perpetrator, while waiting for the results of laboratory tests to show whether the perpetrator is a dealer or a user” (Ruslan, 2016). Based on the results of the interview, with Mr. Dominus Artemis, M.H., an advocate in Kupang city, “It can be seen that in the case of catching criminals red-handedly, the perpetrator only needs to be supported by evidence at the crime scene. Then, the results of laboratory tests are used to complete the dossier before proceeding to the prosecutor's office. The judicial process then functions to determine whether the guilty acts as a perpetrator or a dealer.” This statement from Dominus Artemis was similar to a book written by Soedjono that was quoted by Nini (2017). Thus, these two data are identical. Furthermore, data on narcotics and illegal drug abuse that have been handled by the Kupang City the National Narcotics Agency from 2015 to 2019 can be seen in the table below Table 1. Drug Abuse Cases Handled b the Kupang City the National Narcotics Agency from 2015 to 2019 No. Year Age Education Level Religion 11 – 20 21 – 30 31 – 40 41 – 50 51 – 60 Elementary School Junior High School Senior High School University Islam Christian Catholic Hindu 1 2015 - 6 6 1 - - 1 10 2 2 10 1 - 2 2016 - 2 3 1 - 1 - 4 1 - 6 - - 3 2017 - 3 1 1 - 1 1 3 - 1 3 1 - 4 2018 - 1 2 2 - - - 4 1 - - 4 1 5 2019 - 2 3 - - - - 5 - 2 3 - - Total 0 14 15 5 0 2 2 26 4 5 22 6 1 Source: (BNN Kota Kupang (Kupang City National Narcotics Agency), 2020) Based on data on narcotics and illicit drug abuse handled by the National Narcotics Agency of Kupang City from 2015 to 2019, which is seen from the age levels of users (between 11-60 years), the level of education (from elementary school to university level) and religion, taken from the 4 largest religions in the city of Kupang namely Islam, Christianity, Catholicism and Hinduism (BNN Kota Kupang (Kupang City National Narcotics Agency), 2020). The highest number of narcotics and drug abuse was in 2015. At that year, there were thirteen drug abusers. In 2015, there were six drug abusers each in the age groups of 21-30 years old and 31-40 years old. Most were people with a high school level of education (10 people) and most were Christians (10 people). Then, since 2016, the number of drug abusers tend to decrease. In 2016, there were six drug abusers and most fell P ISSN: 2528-360X E ISSN: 2621-6159 Jurnal Hukum Volkgeist Volume 6 No 2: 219-228 222 under the age group of 31-40 years old (3 people). Most had the education level of senior high school (4 people) and all of them were Christians (all 6 people). Next, in 2017, there were five drug abusers and most were 21 to 30 years of age. Most had the education level of senior high school (3 people) and most were Christians (3 people). After that, in 2018, there were five drug abusers. There were two drug abusers each in the age groups of 31-40 years old and 41-50 years old. Most had the education level of senior high school (4 people) and most were Catholics (4 people). Lastly, in 2019, there were five cases of drug abuse. Most were aged 31 to 40 years old (3 people). All of the abusers had the education level of senior high school and most of them were Christians (3 people). From the data obtained, it shows that in 2015-2019 according to the age level of drug abusers, most were aged between 21-40 years, namely 29 users. The second age group that is prone to use drugs is those aged 31-40. These are productive ages. Drug abuse is carried out due to stress from work, pressure and demands from the spouses who demand things that are beyond one's financial condition, and depression due to failures, as stated by dr. Magdalena, Sp.KJ from an interview. In the aspect of education, most drug abuse perpetrators are graduates or dropouts of senior high school. This is due to the complication of the factor of difficulty in seeking work, an immature mindset, and other factors. Junior high school graduates also found difficulties seeking jobs, but their pressures are not as high as senior high school graduates, as the former feels grateful to obtain any job, even though the job provides low wages. University graduates may have better logic to avoid such actions as they may lead to detainment, as stated by dr. Magdalena. In the aspect of religion, most drug abusers were Christian (22 cases), then Catholic (6 cases), and Islam (5 cases). This number is not based on religious discrimination, but it is according to the demographic condition in Kupang. All religions in Kupang always preach to their congregation to avoid drugs, but there are some deviants who still misuse drugs even though it is against their religion. Figure 1. The Method of the National Narcotics Agency of Kupang City in Handling Drug Abuse Cases In carrying out the task of eradicating drug abuse and illicit drug trafficking, the National Narcotics Agency conducts indictments and investigations on drug abuse. The National Narcotics Agency was formed based on the Presidential Decision No. 17 of 2002 which was amended with the Presidential Decision No. 83 of 2007. The P ISSN: 2528-360X E ISSN: 2621-6159 Jurnal Hukum Volkgeist Volume 6 No 2: 219-228 223 National Narcotics Agency’s position as an institution with the authority to eradicate drugs is strengthened by Law No. 35 of 2009 on drugs. It can undergo investigations, prosecutions, and pursuits to break the organized crime network of drugs, psychotropic narcotics, and other addictive substances other than tobacco and alcohol in the Kupang City area. The authority of the National Narcotics Agency based on Law No. 35 of 2009(The Republic of Indonesia’s Government, 2009): is as follows: Conducting investigations on the veracity of reports and information regarding the abuse and illicit trafficking of drugs; a. Examining people or corporations that are suspected of abusing drugs; b. Calling people to be heard as witnesses; c. Ordering people who are suspected of abusing drugs and illicitly trafficking them to stop and check the suspects’ identification; d. Examining, searching, and confiscating the evidence of the drug abuse and drug distribution criminal acts; e. Examining letters and other documents regarding drug abuse and illicit trafficking; f. Arresting and detaining people suspected of drug abuse and the illicit trafficking of drugs; g. Interdicting the circulation of narcotics and narcotics precursors in all areas of national jurisdiction; h. Conducting wiretapping related to the abuse and the illicit trafficking of narcotics and narcotic precursors after the obtaining sufficient initial evidence; i. Undertaking covert purchasing investigation techniques and supervised delivery. j. Taking fingerprints and photographing suspects; k. Requesting the assistance of experts as required in relation to investigative tasks; and l. Stopping the investigation if there is insufficient evidence of suspected drug abuse. The National Narcotics Agency’s authority in conducting investigations is also stated in Article 80 of the Law No. 35 of 2009 concerning Narcotics As referred to in Article 75 of the Law No. 35 of 2009 concerning Narcotics, the National Narcotics Agency investigators, are also authorized to (The Republic of Indonesia’s Government, 2009): a. Directly submitting case files, suspects, and evidence, including assets confiscated by the public prosecutor; b. Ordering the bank or financial institutions to block accounts suspected of being the proceeds of abuse and illicit trafficking of narcotics and narcotic precursors belonging to the suspect or related parties; c. Obtaining information from other parties or financial institutions regarding the financial condition of the investigated suspect; d. Obtaining information from the Reporting Center and analyzing financial transactions related to drug abuse and precursors; and e. Directly requesting competent authorities to prohibit someone from traveling abroad. Asmarawati (2015) stated that in order to effectively prevent and eradicate drug abuse, the National Narcotics Agency is strengthened. So, granting the investigative authority to the National Narcotics Agency means strengthening it to become a non-ministerial government institution. With this strengthening, the National Narcotics Agency has clear authority which is very useful for conducting investigations on drug crimes. 3.2. The Process of Examining the Crime Scenes and Suspects An investigation is a method or a sub-function of the investigation that precedes other actions. That is to take action in the form of arrest, detention, search, confiscation, examination of letters, summons, examination actions, and submission of files to the public prosecutor who has such authorities (The Republic of Indonesia’s Government, 2009): P ISSN: 2528-360X E ISSN: 2621-6159 Jurnal Hukum Volkgeist Volume 6 No 2: 219-228 224 The legal basis for searches is contained in article 5 paragraph (1) letter b “On command, you can take the following actions: 1. arrest, prohibition to leave the premises, search and confiscation; 2. Inspection and confiscation of letters; 3. fingerprint and photograph” and article 5 paragraph (1) “Investigators as referred to in article 6 paragraph (1) letter a because of their obligations have the authority to: a. Receive a report or complaint from a person regarding the existence of a criminal act; b. Take the first action at the scene; c. Order to stop a suspect and check the suspect's identification; d. Make arrests, detentions, searches and confiscations; e. Carry out inspection and confiscation of letters; f. Take fingerprints and photographs of a person; g. Summon people to be heard and examined as suspects or witnesses; h. Bring in the necessary experts concerning the examination case; i. Terminate the investigation; j. Take other legally responsible actions. Article 32 of the Criminal Procedural Code authorizes investigators and inspectors (by order of investigators) to carry out search actions. The search is basically divided into two, namely: a. House search A house search is the act of an investigator entering a residential house and other closed places to carry out inspections and/or confiscation and/or arrests in a case and according to the method regulated in the Criminal Procedural Code (Article 1 point 17 of the Criminal Procedural Code). b. Body search Body search is an investigator's action to conduct an examination of the suspect's body and/or clothing to look for objects that are strongly suspected to be on his/her body or that are carried and to be confiscated (Article 1 point 18 of the Criminal Procedural Code). The legal basis for the search carried out by investigators on the suspect is Article 37 of the Criminal Code. In the Criminal Code, it is stated: a. At the time of arresting a suspect, the investigator is only authorized to search the clothes including the objects underneath and if there is a strong suspicion with sufficient reasons that the suspect has objects that can be confiscated; and b. At the time of arresting a suspect or in the case of a suspect as referred to in paragraph (1), the investigator is authorized to search the suspect's body. 3.2.1. Laboratory Tests In carrying out their investigative duties, the National Narcotics Agency investigators have the authority to test urine, blood, hair, and other body parts (The Republic of Indonesia’s Government, 2009). Then, in the explanation of Article 75 letter l of the Law No. 35 of 2009 concerning Narcotics, it is explained that urine tests, blood tests, hair tests, and other body part tests are carried out according to the development of science and technology to prove the presence or absence of narcotics in the body of a person or several people. Urine tests are the authority of the National Narcotics Agency investigators in carrying out their investigative duties. Law No. 35 of 2009 concerning Narcotics does not state that this urine test is mandatory, but it does aim to prove whether or not there are narcotics in the body. If a urine test is not carried out, but the person, in this case, fulfills the criminal elements in Article 112 paragraph (1) of the Law No. 35 of 2009 concerning Narcotics regarding narcotics control, the legal consequence is that he is still subject to criminal sanctions according to that article. The urine samples obtained by the National Narcotics Agency investigators are then examined at the Technical Implementation Unit of the National Narcotics Agency Drug Testing Laboratory which is regulated by the Head of National Narcotics Agency Regulation (The Head of the National Narcotics Agency Regulation No. 5 of 2010 on the Technical Guidelines to Establishing Drug Testing Laboratory Services at the National Narcotics Agency) as amended by the Head of the National Narcotics Agency Regulation No. 1 of 2011 on the Methods to Handle Perpetrators or Suspects. Urine is one of the biological specimens that can be tested in the laboratory, with a minimum of 50 milliliters. The testing of biological specimens that are suspected of containing narcotics can be carried out for the purposes of case evidence (pro justitia), rehabilitation, science, and technology as well as education and training (Article 2 paragraph [1] of the Head of the National Narcotics Agency Regulation No. 5 of 2010 on the Technical Guidelines to Establishing Drug Testing Laboratory Services at the National Narcotics P ISSN: 2528-360X E ISSN: 2621-6159 Jurnal Hukum Volkgeist Volume 6 No 2: 219-228 225 Agency). The results of laboratory testing for the purpose of proving the case are stated in the form of an examiner's official report (Article 6 paragraph [2] letter a of the Head of the National Narcotics Agency Regulation No. 5 of 2010 on the Technical Guidelines to Establishing Drug Testing Laboratory Services at the National Narcotics Agency). As stated by Mr. Lino Do Rosario Pereira, S.H. in an interview: So, the punishment for people who are proven positive that their urine contains narcotic substances still has to be proven guilty in the trial, we are a legal state so we must rely on the existing law, whether these perpetrators will be punished or rehabilitated, it depends on the judge (BNN Kota Kupang (Kupang City National Narcotics Agency), 2020). 3.2.2. The Ddifferences Between Drug Users and Dealers There was a non-exemplary case of a member of the North Central Timor Regional Legislative House, East Nusa Tenggara, with the IFT initials, who was arrested by the Kupang City National Narcotics Agency (BNN Kota Kupang (Kupang City National Narcotics Agency), 2020). The Hanura Party politician was arrested for allegedly holding a drug party with a woman and a driver in a hotel in Kupang. The three of them underwent an intensive examination at the Kupang City National Narcotics Agency (The Republic of Indonesia’s Government, 2009). Just because the perpetrator is a government official, it does not mean that the perpetrator is treated specially. This case was a non-exemplary case from public officials and the National Narcotics Agency had the authority to proceed with this case. 3.2.3. Dealer The definition of a dealer is not explicitly regulated in Law No. 35 of 2009 concerning Narcotics. However, referring to the Great Indonesian Dictionary, a dealer is a person who distributes, brings, and conveys something from one person to another. Law No. 35 of 2009 concerning Narcotics only explains the meaning of drug distribution, namely "Includes any activity or a series of activities for distributing or delivering drugs, both in the context of trading, not trading or transferring, for the benefit of health services and the development of science and technology." Based on the foregoing, it can be concluded that a dealer is a person who carries out activities to distribute or deliver drugs, both in the context of trade, not trade or transfer, for the benefit of health services and the development of science and technology. However, it should be noted that although they are categorized as dealers, not all dealers can be categorized as criminals. For example, the circulation of narcotics in the form of finished drugs that have received permission from the competent authority, namely the Minister of Health (The Republic of Indonesia’s Government, 2009) or the delivery of drugs to patients by a hospital or a doctor based on a doctor's prescription is allowed. They are not violating the law (The Republic of Indonesia’s Government, 2009). The punishment for the people who distribute, possess, control, become intermediaries, provide trading, or export-import drugs without permission from the authorities can be subject to imprisonment for between 2 (two) to 20 (twenty) years (Aulia, 2018), even up to the death penalty or life imprisonment depending on the type and amount the circulated, distributed or traded drugs. 3.2.4. User According to the Law No. 35 of 2009 concerning Narcotics, drug users are divided into two, namely as follows: a. Drug addicts are people who use or abuse drugs and are both physically and psychologically in a state of dependence on drugs (Article 1 number 13 in conjunction with Article 54 in conjunction with Article 127 of Law No. 35 of 2009 concerning Narcotics). b. Abusers are people who use drugs without rights or illegally (Article 1 point 13 of Law No. 35 of 2009 concerning Narcotics) and abuse drugs (Article 1 point 15 in conjunction with Article 54 in conjunction with Article 127). Chapter VII of Law No. 22 of 1997 concerning Narcotics is Medicine and Rehabilitation regulates the following (Pamungkas, 2017): P ISSN: 2528-360X E ISSN: 2621-6159 Jurnal Hukum Volkgeist Volume 6 No 2: 219-228 226 a. Users (Article 44); b. Addicts (Articles 45, 46, and 47); c. Rehabilitation (Articles 48, 49, 50, and 51). d. Users are those who use narcotics for medicinal purposes. They can possess, store, and carry narcotics, and for that, they must have proof of how to legally obtain the drugs (Article 44). Meanwhile, drug abusers are people who use drugs without the knowledge or supervision of a doctor (Article 1 point 14). e. The punishment for drug addicts and abusers is obligatory rehabilitation, both medical rehabilitation and social rehabilitation, which has been regulated in Article 54 of the Law No. 35 of 2009 concerning Narcotics, namely: "Drug addicts and victims of drug abuse are required to undergo medical rehabilitation and social rehabilitation.” 3.2.5. Rehabilitation The Rehabilitation Section at the Kupang City National Narcotics Agency office is in charge of facilitating users or victims of drug abuse to be rehabilitated, including both outpatient rehabilitation and inpatient rehabilitation. So far, the Kupang City National Narcotics Agency has handled several cases. A screening test is carried out on drug abusers, either due to parental complaints or due to getting caught by the National Narcotics Agency during a raid. If the person is declared to positively be a drug user based on the screening test, the person will be recommended to immediately be rehabilitated, using an assessment to determine the level of abuse (Majid et al., 2021). Drug addicts and victims of drug abuse are required to undergo rehabilitation. There are two types of rehabilitation, namely (Kupang City National Narcotics Agency, 2020): a. Medical Rehabilitation is a process of integrated treatment activities to free addicts from drug dependence, while b. Social Rehabilitation is a process of integrated physical, mental, and social recovery activities so that ex- drug addicts can return to carry out their social functions in their communities (Alodokter.com, n.d.). Medical rehabilitation for drug addicts is carried out in hospitals appointed by the Minister. Certain rehabilitation institutions organized by government agencies or the public may carry out medical rehabilitation for drug addicts after obtaining approval from the Minister. Apart from medical treatment and/or rehabilitation, drug addicts can be healed by government agencies or the community through religious and traditional approaches (Hariyanto, 2018). The imposition of rehabilitation as an alternative sanction can be viewed from the two main aspects of the purpose of punishment, namely from the aspect of community protection and the aspect of improving the perpetrator (Simanungkalit, 2019). What is meant by the aspect of community protection includes the aim of preventing, reducing or controlling criminal acts and restoring the balance of society. It also includes resolving conflicts, bringing a sense of security, repairing losses, and reinforcing the values of life in society. Then, the aspects of improvement are: rehabilitation and re-socialization of perpetrators and protecting them from arbitrary treatment outside the law. In this case, medical and social rehabilitation is carried out for drug abusers (The Republic of Indonesia’s Government, 2009). The rehabilitation sector consists of a section for strengthening rehabilitation institutions and a post- rehabilitation section. The task of the rehabilitation section for strengthening rehabilitation institutions is to prepare materials for coordinating the preparation of strategic plans and drug abuse eradication annual work plans, assessments for narcotics abusers and addicts, capacity building for medical and social rehabilitation institutions organized by the government and the community, technical guidance and supervision of drug abuse eradication to the City National Narcotics Agency, and evaluating and reporting the drug abuse eradication in the province (Hidayatun & Widowaty, 2020). This mean that the existence of law to humanize humans (aspects of its benefits) then what is regulated in legal regulations must bring benefits to human life.(Salam, 2020) The tasks of the Post-Rehabilitation section are to prepare materials for coordinating the preparation of strategic plans and the drug abuse eradication annual work plans, increasing the ability of post-rehabilitation services and their companions, reintegration into the community and advanced care, guidance and supervision of P ISSN: 2528-360X E ISSN: 2621-6159 Jurnal Hukum Volkgeist Volume 6 No 2: 219-228 227 drug abuse eradication to the City National Narcotics Agency, and evaluating and reporting the drug abuse eradication in the province (kupangkota.bnn.go.id, n.d.) 4. Conclusion Based on the results of the discussion, it can be concluded that the National Narcotics Agency of Kupang City’s ideal method for handling drug abuse perpetrators starts from the process of carrying out the investigation. If there is sufficient evidence, the case is transferred to the public prosecutor and is delegated to the state court. Meanwhile, for users who are caught red-handed, laboratory tests are employed. If the perpetrator is only charged as a user, the judge may decide to impose two aspects of rehabilitation, namely medical and social rehabilitation. Medical rehabilitation aims to heal one’s dependence on narcotics and illegal drugs so that they are ready to return to the family and the community. While social rehabilitation aims to protect the community, namely by preventing, reducing or controlling drugs and illegal drug crimes and restoring the balance of society. It includes resolving conflicts, bringing a sense of security, repairing losses, creating a good name, and reinforcing the values of life in society. References Adam, S. (2018). Dampak Narkotika pada Psikologi dan Kesehatan Masyarakat (The Impacts of Drugs towards Public Mental Health and Public Health). IAIN Sulatan Amal. 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