The Application of The Principle Equality Before The Law In Enforcement of Narcotics Crime In Indonesia

Abstract

: The theory of distributive justice deals with the determination of rights and a fair distribution of rights in the relationship between the community and the state, in the sense of what the state should provide to its citizens , including justice in the field of law which became known as the principle of Equality Before the Law . Good law is not only to carry out legal certainty, but to guarantee protection and equality of position. In Indonesia, the principle of Equality Before the Law is adopted in Article 28D of the 1945 Constitution. Furthermore, P origin 27 also emphasizes that all citizens have the same position under the law. Based on the 1945 Constitution above , there must be treatment, which should be the same for everyone and for every citizen , including narcotics abusers in the provision of criminal witnesses. as well as criminal rehabilitation must go through a series of examinations and legal evidence, including the determination of decisions through judges' considerations , to determine whether the person concerned is an addict or a victim of narcotics abuser. As a consequence of the division of power between the legislature, executive and legislature (judges) in the design of the constitution. However, based on several decisions the panel of judges in narcotics cases in Indonesia, there are still those that do not reflect the application of the principle of Equality Before The Law because the accused abuser should be sentenced to a rehabilitation sentence that applies to all. Meanwhile, imprisonment should be imposed on dealers to dealers. The problem raised in this study is related to Equality Before the Law in Law Enforcement of Narcotics Crimes in Indonesia . The results of the study show that the nature of equality before the law in the future for the enforcement of narcotics crime law must (ius constituendum ), the existence of ad hoc judges to provide a final decision based on the recommendations of the Integrated Assessment Team as a manifestation of the principle of the rule of law in Indonesia, in order to achieve justice based on equality before the law .