Rehabilitation And Execution Of The Death Penalty In Narcotics Offenses

Drug abuse, namely drugs, is a threat to the sovereignty of the nation and the state of drug eradication requires the role of all parties to narrow the movement of drug dealers who are still trying to market these illegal goods in indonesia. The regulation on narcotics crime and death penalty is very important in regulating the law for perpetrators of narcotics crime for the benefit of the sovereignty of the nation and state.In Indonesia today, the imposition of criminal sanctions in the form of capital punishment by a judge for perpetrators of narcotics is one of the policies adopted in Law No. 35 of 2009 on narcotics and cannot be separated from the criminal law norms adopted by criminal law so far, for example in Article 10 of the Criminal Code. Another thing in other parts of the world there is a significant development of narcotics users by taking depenalization actions against users aimed at replacing prison sanctions which are sometimes applied other criminal sanctions such as Social Work sanctions. The research method used is empirical juridical meaning is to identify and conceptualize the law as a real and functional social institution in a patterned life system. Meaning is to identify and conceptualize the law as a real and functional social institution in a patterned living system.


INTRODUCTION
Drugs have become a threat to the sovereignty of the nation and the state eradication of drugs requires the role of all parties to narrow the movement of drug dealers who are still trying to market the illicit goods in indonesia. The regulation on narcotics crime and death penalty is very important in regulating the law for perpetrators of narcotics crime for the benefit of the sovereignty of the nation and state. The things that are regulated in the regulation on narcotics crimes include the death penalty, life imprisonment, clear legislation containing stricter legal sanctions are believed to narrow the space for drug trafficking, especially based on data from the National Narcotics Agency, currently the Indonesian people who are in the phase of drug dependence have almost reached six million people this figure does not include double users, both dealers and people who are still trying. With that figure, the level of narcotics use in indonesia is the largest at the Asian level. Indonesia is already considered a drug emergency, the execution process of the death penalty does not give the effect of trepidation against the dealers or drug smuggling. This is evidenced by the discovery of convicts still sentenced to death who carry out Drug Control from behind a closed cell. In other words, they still dare to control the circulation of drugs from prison, prison as if only a new convenient post for the drug network seningga no need to be alarmed chased or shot dead law enforcement officers one example of death row inmate Freddy Budiman as evidence of the fact that there is still the power to control drugs from behind bars, although sentenced to death but not yet on the run. The role of law enforcement for a country is their involvement in a planning, system, process, of the objectives to be achieved by the government or state.A convict is a person convicted on the basis of a court that acquires a fixed law. The government is an organization that has the authority to make and apply laws and regulations in certain areas.And all of that is already intrinsic in a country in order to create security and peace in maintaining the community in it. The state is an organization or the highest body that has the authority to regulate matters related to the interests of the wider community and has an obligation to prosper, protect and educate the nation. Law is a very important and fundamental thing regulated in the regulations of a country because it maintains the viability of the country itself. In the punishment itself is divided into both administrative sanctions, maximum and minimum imprisonment and life imprisonment and death penalty, depending on the actions taken by the perpetrator of the crime itself. It is both light and heavy hukuam that already has a permanent law. The death penalty for pindana acts that are classified as extraordinary such as narcotics, terrorism, premeditated murder and others whose crimes are extraordinary. According to the Narcotics Act No. 35 of 2009 : Narcotics are substances or drugs derived from plants, both synthetic and semi-synthetic that can cause a decrease or change in consciousness, loss of pain and can cause dependence. The narcotics user is a drug abuser who has experienced dependence on one or more narcotics, psychotropic, and other addictive substances (drugs), both psychically severe and mild. withdrawal symptoms depend on the type of drug, the dose used, and the length of use. In indonesia today, the imposition of criminal sanctions in the form of capital punishment by a judge for perpetrators of narcotics is one of the policies adopted in the Narcotics Act and cannot be separated from the criminal law norms adopted by criminal law so far, for example in Article 10 of the Criminal Code. Another thing in other parts of the world there is a significant development of narcotics users by taking depenalization actions against users aimed at replacing prison sanctions which are sometimes applied other criminal sanctions such as Social Work sanctions. The punishment for narcotics cases is punishable by High Criminal. For example, the Narcotics Act regulates everyone who without rights or against the law to plant, maintain, possess, store, control, or provide class one narcotics is threatened with imprisonment for a maximum of 20 years and even the death penalty. While for Class II and III threatened with imprisonment for a maximum of 10 years. " in principle, imprisonment is closely related to the deprivation of Liberty which can give the stamp of evil and can lower the degree and dignity of human beings if someone is sentenced to imprisonment. Narcotics is a serious threat to the continuity of human development, especially in Indonesia. The threat of punishment for narcotics dealers is very heavy in Indonesia, but why the narcotics dealers never feel afraid and even many foreign nationals have been arrested by the police for daring to bring narcotics to Indonesia. While the punishment for narcotics dealers in Indonesia is at least 4 years and the maximum death penalty, Indonesian national law applies the death penalty and it is regulated in Article 10 of the Criminal Code. Enactment Of Law No. 35 of 2009 on narcotics, psychotropic types of Group I and Group II as stated in the annex to law No. 5 of 1997 on psychotropics has been transferred into Narcotics Group I in law No. 35 of 2009 and annexes on psychotropic types of Group I and Group II in law No. 5 of 1997 on psychotropics was revoked and declared invalid. Then no less interesting is the discovery of several formulations of articles that indirectly try to put the status of victims to perpetrators of certain narcotics crimes such as drug addicts. Narcotics users who are classified as Class I narcotics abusers basically qualify as perpetrators of narcotics crimes, but in certain circumstances narcotics addicts will be more domiciled towards the victim. In the regulation of the Government of Indonesia issued Law No. 35 of 2009 on narcotics has encouraged the government to treat specifically for narcotics addicts in order to obtain medical and social rehabilitation sanctions as contained in Article 54 of the Narcotics Act, that drug addicts are required to undergo medical rehabilitation and social rehabilitation. With another meaning addicts are not placed in correctional institutions or prison sanctions. Therefore, the availability of medical and social rehabilitation facilities is a must from the government for victims of drug addicts.

METHOD
This type of research is an empirical juridical legal research (empirical legal research), to identify and analyze legal factors that are obstacles to the legal actions of an administrative law, as well as to review the concepts that cause it. In this study the approach used is empirical juridical approach. Empirical jurisprudence means identifying and conceptualizing law as a real and functional social institution in a patterned life system. Juridical approach in this study is the approach in terms of legislation and legal norms in accordance with existing problems, while the empirical approach is to emphasize research aimed at obtaining empirical knowledge by plunging directly from the object.

RESULTS AND DISCUSSION A. Death penalty and rehab
The death penalty is the most severe criminal, known in the criminal law system either in Indonesia or other countries in the world. The death penalty has become a matter of pros and cons in accordance with the arguments of each party. Until now the problem of the death penalty is a problem that has not been solved and become a hot topic to talk about. Rasyid Khairani said:" Do not let the court mistakenly determine the criminal, then he tried to fight for the abolition of the death penalty in criminal law". J.E. Sahetapy says: people are beginning to realize the ugliness of the death penalty. The movement against criminalsit spread to various countries. In 1847 in the state of Michigan the death penalty was abolished. Then in Venezuela in 1849 and in the Netherlands in 1870". While the pros against the death penalty also gave their arguments based on the acceptance of the theory of retribution in terms of sentencing. Wirjono Prodjodikoro, in his book Principles of Criminal Law in Indonesia stated that the purpose of imposing and carrying out the death penalty is always directed to the public so that those with the threat of the death penalty, will be afraid of committing cruel acts that will result in them being sentenced to death. It is in connection with this that in ancient times the death penalty WA carried out in public face. Prior to the provisions of Law No. 2 (PnPs) of 1964, capital punishment was carried out by executioners, using a noose around the neck of the condemned and tying the noose to the gallows and knocking down the board on which the person was standing. The execution of the death penalty before Law No. 2/Pnps/1964 is to hang the convict.
Satochid Kertanegara said bawha:"in the days of the Dutch East Indies it was stipulated that if the death penalty could not be carried out by a certain Executioner, The punishment must be carried out by shooting in front of the firing squad".
The execution of the death penalty, imposed by a court in the environment of public justice or military justice, is carried out by being shot to death. This

B. Problems of execution of the death penalty
Based on research conducted by the author, that the pros and cons in the implementation of the death penalty in Indonesia is still happening, this is because each party still maintains its argument. But what must be considered by law enforcers who carry out executions, namely not allowing years of death row inmates to wait for their execution. This will lead to psychological disorders or mental disorders. "The last Data I received, the death row inmates in the prison were already 538," said Head of the Balitbang Kemenkumham Sri Puguh Budi Utami in a webinar broadcast by the ICJRID Youtube account. of the 538 convicts, 4 have been awaiting execution for more than 20 years. Subsequently, waiting for execution time for 16-20 years as many as 16 people, 11-15 years (37 people), 6-10 years (97 people), and 8 months-5 years (204 people).
Reflecting on the length of the convicts waiting for execution, Puguh assessed that it made the convicts experience imprisonment and the death penalty at the same time. Puguh, who is the former Director General of Corrections, revealed that the length of waiting for the execution time had a bad effect on the psyche and mentality of the death row inmates. "Many of those who are currently sentenced to death have injured themselves several times, maybe it has been a very extraordinary psychological pressure," said Puguh. According to Puguh, it also makes the death penalty and hu kuman for life seem to make no difference. (Compass. 08/10/2020). Based on data from Kompas, it can be seen that as many as 538 people on death row, who are waiting for execution, there are even 4 of them who have been waiting for execution for more than 20 years. The execution of court decisions that have permanent legal force in the case of death row inmates must be carried out as soon as possible in order to create legal certainty for the community.

CONCLUSION
The reason for those who are pro-death penalty is because of the increase in kuliatas and the quantity of crime from time to time, so that criminals who are increasingly terrorized are rewarded with shock therapy, in the form of death penalty, especially for heavyweight criminals who harm people such as convicted narcotics. As for those who counter the death penalty, they argue that humans can still change for the better and if there is a mistake in sentencing, when executed, the convict does not get a chance to live.
The existence of a time lag that is not specified in Law No. 35 of 2009 concerning the execution of the death penalty since the death penalty sentence has binding legal force, causing legal uncertainty, making the death row inmate experiencing psychological disorders or mental disorders because they have to wait in an unclear time.