Homepage / Hukum PERKARA REVALDO PUKULAN BAGI PEGAK HUKUM NARKOTIKA

PERKARA REVALDO PUKULAN BAGI PEGAK HUKUM NARKOTIKA

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Oleh Dr Anang Iskandar, Ahli hukum narkotika, Dosen Trisakti, mantan KA BNN.

Perkara narkotika yang menimpa Revaldo adalah perkara membeli, memiliki narkotika dengan jumlah terbatas untuk dikonsumsi, perkara demikian merupakan perkara simple, proses penegakan hukumnya juga sangat simple tetapi penegak hukum yang membuat rumit karena penyalah guna disidik, dituntut dan diadili dengan upaya paksa penahanan selama proses pemeriksaannya, dan dijatuhi hukuman penjara.

Dengan tertangkapnya Revaldo untuk yang keempat kalinya pada hari selasa 10/1/2023 (Suara Indonesia.com) menambah fakta bahwa pemenjaraan terhadap penyalah guna disamping bertentangan dengan UU narkotika, juga tidak membuat jera pelakunya karena pemenjaraan tidak menyembuhkan dan memulihkan sakit yang diderita penyalah guna, justru pelakunya menjadi residivis.

Penangkapan Revaldo untuk yang keempat kalinya sejatinya merupakan pukulan nurani untuk penegak hukum yang “kompak” menghukum penyalah guna dengan hukuman penjara

Bagaimana tidak ! Perkara penyalahgunaan narkotika itu perkara orang sakit ketergantungan narkotika, kok dilakukan penahanan dan dihukum penjara ? Apakah para penegak hukum khususnya hakim tidak pernah bertanya kepada hati nuraninya dan mencari pasal yang tepat bagi penyalah guna narkotika ?

Berdasarkan UU no 35 tahun 2009 tentang narkotika, hukuman bagi pelaku kejahatan narkotika adalah hukuman pidana, khusus bagi penyalah guna narkotika yang nota bene menderita sakit ketergantungan narkotika dan gangguan mental hukumannya berupa menjalani rehabilitasi

Rehabilitasi, disamping sebagai bentuk hukuman, rehabilitasi juga sebagai proses penyembuhan secara medis dan proses pemulihan secara sosial sehingga bekas penyalah guna yang nota bene adalah pecandu dapat melakukan reintegrasi sosial.

Hakim itu trandsetter.

Dalam UU no 35 tahun 2009 tentang narkotika, hakim diberi kedudukan khusus yang sangat strategis sebagai trendsetter penegakan hukum narkotika.

Hakim diberi kewajiban khusus (pasal 127/2) dengan kewenangan khusus (pasal 103) untuk menghukum pelaku kejahatan narkotika yang terbukti bersalah sebagai penyalah guna dengan hukuman menjalani rehabilitasi.

Bila tidak terbukti bersalah, hakim juga wajib dan berwenang mengambil tindakan untuk menetapkan dan memerintahkan yang bersangkutan menjalani rehabilitasi.

Kekhususan lainnya adalah meskipun penyalah guna dituntut dan didakwa sebagai pengedar oleh Jaksa Penuntut Umum, tetapi terbukti sebagai penyalah guna maka hakim tetap wajib (pasal 127/2) untuk mengetahui taraf kecanduan pelakunya (pasal 54) dan menggunakan kewenangan berdasarkan pasal 103 dalam menjatuhkan hukuman.

Karena secara empiris hakim menjatuhkan hukuman penjara terhadap perkara narkotika yang terbukti sebagai penyalah guna (lihat Direktori putusan Mahkamah Agung) maka penyidik dan jaksa mengikuti trand yang dibangun oleh hakim dan ramai ramai menyidik dan menuntut penyalah guna secara komultif atau subsidiaritas dengan pasal yang diperuntukan bagi pengedar, agar penyalah guna dijatuhi hukuman penjara.

Benang kusut tersebut menyebabkan terjadinya anomali lapas yatu terjadinya over kapasitas lapas dan terpidana narkotika mengkonsumsi narkotika didalam lapas serta terjadinya residivisme penyalahgunaan narkotika dan meningkatnya jumlah penyalahgunaan narkotika di Indonesia.

Menggugat putusan hakim

Dalam memeriksa perkara penyalahgunaan narkotika yaitu perkara membeli memiliki narkotika dengan jumlah terbatas, untuk dikonsumsi, tujuan penegakan hukumnya adalah menjamin pengaturan upaya rehabilitasi medis dan sosial bagi penyalah guna dan pecandu (pasal 4 d)

Dalam perkara penyalahgunaan narkotika tersebut, hakim berkewajiban (pasal 127/2) untuk memperhatikan pasal 54, 55 dan 103.

Apa saja kewajiban hakim ?

Pertama, hakim wajib mengetahui taraf kecanduan penyalah gunanya yang menjadi terdakwa atau keparahan kecanduannya (pasal 54) karena pecandu level apapun taraf kecanduannya wajib menjalani rehabilitasi.

Apabila perkara penyalahgunaan narkotika dalam dakwaannya tidak mencantumkan hasil assesmen yang menunjukan taraf kecanduan atau keparahan kecanduaannya dan berapa lama diagnosis penyembuhan dan pemulihannya maka hakim dapat meminta dilakukan pemeriksaan ahli atau assesmen tentang taraf kecanduaan pelakunya.

Kedua, hakim wajib memperhatikan kewajiban hukum pelakunya (pasal 55), hakim wajib bertanya, apakah sudah pernah melakukan wajib lapor ke IPWL (Institusi Penerima Wajib Lapor) guna mendapatkan perawatan ? karena bila sudah pernah melapor ke IPWL dan mendapat perawatan maka status pidananya gugur demi hukum (pasal 128/2).

Ketiga, hakim wajib menggunakan kewenangan berdasarkan pasal 103, yaitu kewenangan dapat memutuskan perkara narkotika yang pelakunya terbukti bersalah sebagai penyalah guna, untuk menjalani rehabilitasi.

Jika terbukti tidak bersalah melakukan tindak pidana narkotika maka hakim wajib menetapkan yang bersangkutan untuk menjalani rehabilitasi.

Itu sebabnya saya menggugat putusan hakim yang memenjarakan penyalah guna narkotika (lihat direktorat putusan MA) karena berdasarkan UU no 35 tahun 2009 tentang narkotika, hakim wajib dan berwenang untuk menjatuhkan hukuman rehabilitasi sebagai pengganti hukuman pidana, bagi pelaku kejahatan narkotika yang terbukti sebagai penyalah guna narkotika.

Rehabilitasi atas putusan dan penetapan hakim dilaksanakan dirumah sakit atau lembaga rehabilitasi yang ditunjuk oleh Menteri Kesehatan untuk rehabilitasi medis dan ditunjuk oleh Menteri Sosial untuk rehabilitasi sosial, dengan biayanya ditanggung negara.

Salam anti penyalahgunaan dan peredaran gelap narkotika. Rehabilitasi penyalah gunanya dan penjarakan pengedarnya.

Jangan Lewatkan

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  202. Almanya’nın en iyi medyumu haluk hoca sayesinde sizlerde güven içerisinde çalışmalar yaptırabilirsiniz, 40 yıllık uzmanlık ve tecrübesi ile sizlere en iyi medyumluk hizmeti sunuyoruz.

  205. Almanya’nın en çok tercih edilen medyumu haluk yıldız hoca olarak bilinmektedir, 40 yıllık tecrübesi ile sizlere en iyi bağlama işlemini yapan ilk medyum hocadır.

  206. Almanya’nın en çok tercih edilen medyumu haluk yıldız hoca olarak bilinmektedir, 40 yıllık tecrübesi ile sizlere en iyi bağlama işlemini yapan ilk medyum hocadır.

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  208. Thanks for your article. I would also love to say a health insurance specialist also utilizes the benefit of the coordinators of a group insurance policies. The health insurance agent is given a listing of benefits sought by somebody or a group coordinator. What any broker does is try to find individuals or maybe coordinators which usually best match up those demands. Then he provides his tips and if the two of you agree, this broker formulates binding agreement between the two parties.

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  213. Merhaba Ben Haluk Hoca, Aslen Irak Asıllı Arap Hüseyin Efendinin Torunuyum. Yaklaşık İse 40 Yıldır Havas Ve Hüddam İlmi Üzerinde Sizlere 100 Sonuç Veren Garantili Çalışmalar Hazırlamaktayım, 1964 Yılında Irak’ın Basra Şehrinde Doğdum, Dedem Arap Hüseyin Efendiden El Aldım Ve Sizlere 1990 lı Yıllardan Bu Yana Medyum Hocalık Konularında Hizmet Veriyorum, 100 Sonuç Vermiş Olduğum Çalışmalar İse, Giden Eşleri Sevgilileri Geri Getirme, Aşk Bağlama, Aşık Etme, Kısmet Açma, Büyü Bozma Konularında Garantili Sonuçlar Veriyorum, Başta Almanya Fransa Hollanda Olmak Üzere Dünyanın Neresinde Olursanız Olun Hiç Çekinmeden Benimle İletişim Kurabilirsiniz.

  216. Almanya’nın en iyi güvenilir medyumunun tüm sosyal medya hesaplarını sizlere paylaşıyoruz, güvenin ve kalitelin tek adresi olan medyum haluk hoca 40 yıllık uzmanlığı ile sizlerle.

  217. Almanya’nın en iyi güvenilir medyumunun tüm sosyal medya hesaplarını sizlere paylaşıyoruz, güvenin ve kalitelin tek adresi olan medyum haluk hoca 40 yıllık uzmanlığı ile sizlerle.

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  256. Medyum haluk hoca avrupanın en güvenilir medyum hocasıdır, sizlerinde bilgiği gibi en iyi medyumu bulmak zordur, biz sizlere geldik.

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  293. Dünyaca ünlü medyum haluk hoca, 40 yıllık uzmanlık ve tecrübesi ile sizlere en iyi hizmetleri vermeye devam ediyor, Aşk büyüsü bağlama büyüsü giden sevigiliyi geri getirme.

  294. Dünyaca ünlü medyum haluk hoca, 40 yıllık uzmanlık ve tecrübesi ile sizlere en iyi hizmetleri vermeye devam ediyor, Aşk büyüsü bağlama büyüsü giden sevigiliyi geri getirme.

  298. Dünyaca ünlü medyum haluk hoca, 40 yıllık uzmanlık ve tecrübesi ile sizlere en iyi hizmetleri vermeye devam ediyor, Aşk büyüsü bağlama büyüsü giden sevigiliyi geri getirme.

  299. Medyum sitesi medyum hocamızın web sayfasını sizlere en iyi şekilde tanıtıyoruz, güzel yorumlarınız içinde teşekkkür ediyoruz.

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  454. I have noticed that in cameras, special sensors help to {focus|concentrate|maintain focus|target|a**** automatically. The sensors with some cams change in in the area of contrast, while others make use of a beam of infra-red (IR) light, specifically in low lighting. Higher specification cameras occasionally use a mix of both systems and may have Face Priority AF where the video camera can ‘See’ the face while keeping your focus only in that. Thanks for sharing your opinions on this weblog.

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  487. Thanks for discussing your ideas. I’d personally also like to mention that video games have been at any time evolving. Modern technology and revolutions have made it simpler to create realistic and fun games. These entertainment games were not really sensible when the real concept was first of all being attempted. Just like other designs of technology, video games also have had to progress through many generations. This is testimony to the fast growth and development of video games.

  498. I’d personally also like to say that most of those that find themselves without the need of health insurance usually are students, self-employed and those that are out of work. More than half with the uninsured are really under the age of Thirty-five. They do not experience they are in need of health insurance because they are young plus healthy. The income is frequently spent on real estate, food, and also entertainment. Most people that do work either whole or in their free time are not presented insurance via their work so they go without as a result of rising valuation on health insurance in the us. Thanks for the thoughts you talk about through your blog.

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  555. Thanks for your post made here. One thing I would really like to say is most professional fields consider the Bachelors Degree like thejust like the entry level requirement for an online education. Although Associate Certifications are a great way to begin with, completing your own Bachelors uncovers many doors to various employment opportunities, there are numerous on-line Bachelor Diploma Programs available via institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another issue is that many brick and mortar institutions provide Online types of their college diplomas but normally for a considerably higher charge than the companies that specialize in online course programs.

  557. bookdecorfactory.com is a Global Trusted Online Fake Books Decor Store. We sell high quality budget price fake books decoration, Faux Books Decor. We offer FREE shipping across US, UK, AUS, NZ, Russia, Europe, Asia and deliver 100+ countries. Our delivery takes around 12 to 20 Days. We started our online business journey in Sydney, Australia and have been selling all sorts of home decor and art styles since 2008.

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  561. Thanks for your handy post. As time passes, I have come to be able to understand that the symptoms of mesothelioma are caused by a build up associated fluid involving the lining on the lung and the chest muscles cavity. The illness may start while in the chest vicinity and multiply to other parts of the body. Other symptoms of pleural mesothelioma include weight reduction, severe respiration trouble, vomiting, difficulty ingesting, and puffiness of the face and neck areas. It ought to be noted that some people with the disease will not experience every serious indicators at all.

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  583. bookdecorfactory.com is a Global Trusted Online Fake Books Decor Store. We sell high quality budget price fake books decoration, Faux Books Decor. We offer FREE shipping across US, UK, AUS, NZ, Russia, Europe, Asia and deliver 100+ countries. Our delivery takes around 12 to 20 Days. We started our online business journey in Sydney, Australia and have been selling all sorts of home decor and art styles since 2008.

  584. I’m really enjoying the theme/design of your weblog. Do you ever run into any web browser compatibility issues? A handful of my blog visitors have complained about my blog not operating correctly in Explorer but looks great in Firefox. Do you have any advice to help fix this issue?

  585. bookdecorfactory.com is a Global Trusted Online Fake Books Decor Store. We sell high quality budget price fake books decoration, Faux Books Decor. We offer FREE shipping across US, UK, AUS, NZ, Russia, Europe, Asia and deliver 100+ countries. Our delivery takes around 12 to 20 Days. We started our online business journey in Sydney, Australia and have been selling all sorts of home decor and art styles since 2008.

  604. obviously like your web site but you have to test the spelling on quite a few of your posts. Many of them are rife with spelling problems and I find it very troublesome to inform the reality however I?ll surely come back again.

  605. One thing I want to reply to is that weightloss program fast can be carried out by the correct diet and exercise. Someone’s size not merely affects the look, but also the entire quality of life. Self-esteem, major depression, health risks, along with physical skills are disturbed in putting on weight. It is possible to just make everything right but still gain. Should this happen, a problem may be the offender. While an excessive amount food and not enough body exercise are usually guilty, common health conditions and key prescriptions can greatly increase size. Thx for your post in this article.

  606. I have noticed that in old digital cameras, specialized devices help to {focus|concentrate|maintain focus|target|a**** automatically. Those sensors associated with some camcorders change in in the area of contrast, while others make use of a beam involving infra-red (IR) light, particularly in low lighting. Higher standards cameras often use a blend of both methods and will often have Face Priority AF where the photographic camera can ‘See’ the face while keeping focused only in that. Thanks for sharing your notions on this blog.

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  619. We would also like to convey that most individuals that find themselves with out health insurance are typically students, self-employed and people who are laid-off. More than half with the uninsured are under the age of Thirty-five. They do not experience they are in need of health insurance since they are young plus healthy. Its income is generally spent on homes, food, and entertainment. A lot of people that do go to work either entire or in their free time are not given insurance via their jobs so they proceed without owing to the rising cost of health insurance in america. Thanks for the strategies you share through this site.

  620. I’ve observed that in the world the present moment, video games are definitely the latest rage with children of all ages. Occasionally it may be extremely hard to drag the kids away from the activities. If you want the very best of both worlds, there are numerous educational games for kids. Thanks for your post.

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  633. One thing I’d like to say is that before buying more laptop memory, look at the machine in which it is installed. In case the machine will be running Windows XP, for instance, the actual memory threshold is 3.25GB. Setting up greater than this would easily constitute any waste. Make certain that one’s mother board can handle the actual upgrade volume, as well. Great blog post.

  634. Thank you for sharing all these wonderful blogposts. In addition, the optimal travel in addition to medical insurance program can often reduce those worries that come with touring abroad. A medical crisis can quickly become costly and that’s likely to quickly place a financial burden on the family’s finances. Putting in place the suitable travel insurance deal prior to leaving is worth the time and effort. Thank you

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  657. Greetings! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My web site looks weird when viewing from my iphone4. I’m trying to find a theme or plugin that might be able to resolve this problem. If you have any suggestions, please share. Thank you!

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  689. One more thing. It’s my opinion that there are quite a few travel insurance sites of respectable companies than enable you to enter a trip details and obtain you the quotes. You can also purchase the actual international travel cover policy on the net by using your own credit card. All that you should do is always to enter the travel details and you can view the plans side-by-side. Merely find the package that suits your capacity to pay and needs after which use your credit card to buy the item. Travel insurance on the web is a good way to start looking for a reliable company regarding international travel insurance. Thanks for revealing your ideas.

  690. In my opinion that a home foreclosure can have a important effect on the debtor’s life. Mortgage foreclosures can have a Seven to 10 years negative impact on a applicant’s credit report. A borrower who have applied for a home loan or any kind of loans even, knows that the actual worse credit rating is actually, the more tricky it is to obtain a decent loan. In addition, it may possibly affect the borrower’s chance to find a decent place to lease or hire, if that gets to be the alternative houses solution. Great blog post.

  691. Thanks for sharing your ideas listed here. The other factor is that whenever a problem appears with a pc motherboard, individuals should not go ahead and take risk connected with repairing that themselves for if it is not done properly it can lead to irreparable damage to the complete laptop. It will always be safe to approach the dealer of any laptop for that repair of the motherboard. They have got technicians who may have an knowledge in dealing with mobile computer motherboard difficulties and can make right analysis and conduct repairs.

  693. Great blog post. Things i would like to contribute is that pc memory must be purchased when your computer is unable to cope with that which you do with it. One can deploy two RAM memory boards having 1GB each, for example, but not one of 1GB and one having 2GB. One should check the maker’s documentation for one’s PC to be certain what type of memory space is needed.

  694. Thanks for making me to gain new concepts about personal computers. I also have belief that certain of the best ways to help keep your notebook in excellent condition has been a hard plastic-type case, or perhaps shell, which fits over the top of your computer. A majority of these protective gear will be model precise since they are made to fit perfectly in the natural covering. You can buy them directly from owner, or via third party places if they are readily available for your laptop, however don’t assume all laptop will have a covering on the market. Yet again, thanks for your guidelines.

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  705. With havin so much written content do you ever run into any problems of plagorism or copyright violation? My website has a lot of completely unique content I’ve either created myself or outsourced but it looks like a lot of it is popping it up all over the internet without my permission. Do you know any methods to help reduce content from being ripped off? I’d truly appreciate it.

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  708. I have observed that service fees for on-line degree gurus tend to be an excellent value. For instance a full 4-year college Degree in Communication with the University of Phoenix Online consists of 60 credits with $515/credit or $30,900. Also American Intercontinental University Online offers a Bachelors of Business Administration with a overall education course element of 180 units and a worth of $30,560. Online studying has made getting your certification been so cool because you might earn your current degree from the comfort in your home and when you finish working. Thanks for other tips I have really learned through your web-site.

  711. Thanks for the thoughts you have provided here. Moreover, I believe there are many factors that will keep your car insurance premium straight down. One is, to contemplate buying automobiles that are from the good set of car insurance providers. Cars that happen to be expensive are usually more at risk of being robbed. Aside from that insurance policies are also in line with the value of your truck, so the higher in price it is, then the higher the actual premium you spend.

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