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INTRODUCTION

Indonesia is a country of law according (Asshiddiqie, 2011) In a legal state, many

regulations are made, especially laws and regulations related to certain fields. In this

paper, the author discusses the material about kecubung which contains alkaloid

substances known as anesthetics and is an addictive substance for Narcotics. (KURNIA,

Wikanta, & Ghoni, 2016) Addictive substances are substances that when consumed in

excess can cause a decrease and change in consciousness, loss of taste, relieve or reduce

pain and cause severe dependence or extreme pain. (Eleanora, 2021) Therefore, legal

supervision of a doctor. Narcotics can also be a big problem and danger if abused.

Narcotics abuse cases are increasing every year. This is evidenced by the proliferation of

materials

law number 35 of 2009 concerning narcotics 129

the law in question. (Law, 2009)

According to Article 1 of the Law of the Republic of Indonesia Number 35 of

2009 concerning Narcotics, narcotics are substances or drugs derived from plants or non-

plants, both synthetic and semisynthetic, which can cause a decrease or change in

consciousness, loss of pain, and can lead to dependence.

Narcotics itself is a legal drug used in medicine according in (Adam, 2012)

However, nowadays narcotics are being abused a lot. Not even a few among young

people who use narcotics. Many of them use narcotics for reasons of inner pleasure, but

unfortunately not many are aware of the dangers of narcotics (Darwis, Dalimunthe, &

Riadi, 2017)

still not being understood by teenagers, especially in Indonesia. (Agustina & Sirait, 2020)

Although efforts to eradicate narcotics have been intensified and public complaints and

concerns about the use of narcotics have gone global, there are still many adolescents and

minors who have fallen outside the supervision of the surrounding community (Hidayat,

2016)

The existence of Law Number 35 of 2009 concerning Narcotics has not been able

to minimize the occurrence of a narcotics crime. Recently discovered a new type of

narcotics, namely Kecubung. This new type of narcotics has a marijuana-like effect. Law

Number 35 of 2009 concerning Narcotics has provided different treatment for narcotics

abuse offenders. Before this law came into effect, there were no differences in treatment

2020) Many of them claim that the effects of kecubung can cause the user to be drunk for

days depending on the amount of kecubung extracted. The reason they use kecubung is

out of curiosity, to invite friends or just to feel comfortable and relax. Some of them also

realized that the effects of kecubung were more terrifying than the usual narcotics, so they

switched to double L pills with a dosage of 1-6 times a drink.

Based on Article 54 of Law No. 35 of 2009 on narcotics, it is determined that

narcotics addicts and narcotics abuse are required to undergo medical and social

rehabilitation.(Law, 2009)

In the above case, the users of the kecubung type of narcotics are minors, but the

perpetrators or users of this new type of kecubung narcotics are free because the new

law number 35 of 2009 concerning narcotics 129

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35 of 2009 concerning Narcotics can guarantee justice, certainty, and legal benefits for

the community. It is also hoped that this new type of Kecubung narcotics-related

regulation can minimize narcotics crimes in Indonesia.

Previously there were several studies that had examined the same thing. One of

them is a research conducted by (Wahyuningtyas, 2020) with the title Law Enforcement

Against Abuse of Kecubung Plants in Batu City which is not Registered in Law Number

35 of 2009 concerning Narcotics (Study at the National Narcotics Agency of Batu City).

According to this study, there are 2 attempts to tackle crime, namely punishment, and

non-punishment. For law enforcement efforts that can be carried out by the National

Narcotics Agency as an effort to combat non-criminal crimes, actions taken by the

that focuses on a scientific research procedure to find the truth based on the logic of legal

science from the normative side. (Johny Ibrahim). This journal research uses normative

juridical research supported by empirical juridical, the research approach method used is

the statute approach (statutory approach), the conceptual approach (conceptual approach)

and the case approach (case approach) and data analysis techniques this research uses

interpretation techniques systematic, grammatical interpretation and theological

interpretation.

The legal materials studied in this study are primary legal materials that are

sourced from legislation supported by secondary legal materials sourced from books and

The chemical content of the Kecubung plant (Datura metal Linn) contains

alkaloids which are known to be substances that can be used for anesthesia and can also

be used as traditional medicine. All parts of the kecubung plant from the roots, stems,

leaves, fruit, flowers, and seeds contain tropane alkaloid compounds which are known as

anesthetics or sedatives. Alkaloids, not in Appendix I or Attachment II of Law No. 35 of

2009 concerning Narcotics, is a class and type of precursor to narcotics.

Therefore, based on the Narcotics Law, there is no sanction for people using

kecubung containing alkaloids, in the Regulation of the Minister of Health of the

Republic of Indonesia Number 44 of 2019 concerning changes in the classification of

Narcotics, Kecubung which contains compounds with alkaloids which are addictive

law number 35 of 2009 concerning narcotics 131

substance for Narcotics, namely substances whose circulation is prohibited throughout the

world and the prohibition is listed in the law. This substance when consumed in excess

can cause a decrease and change in consciousness, loss of taste, relieve or reduce pain and

cause severe dependence or excruciating pain. So that Kecubung can be included or

classified into the Narcotics group, namely Narcotics group I because the effect it causes

is almost the same as Narcotics group I.

2) Who should be responsible

The subject of law in criminal law is Natuurlijk person, namely humans so that in

the rules that will be added in Law Number 35 of 2009 concerning Narcotics, the users

here are emphasized on humans who use the new type of narcotics kecubung.

4) Law enforcement prior to the amendment of Permenkes No.44 of 2019

By going through extensive legal interpretations that are broadening the meaning

of the Narcotics appendix group I am very helpful in understanding a rule of law.

Understanding the importance of the legal discovery is very important for a judge in

Indonesia to understand because he does not only function as the mouth of the law but as

an independent executor of judicial power so that he must continuously explore and

follow every development that occurs in society, while investigators cannot interpreting

Law Number 35 of 2009 concerning Narcotics, Investigators can only make efforts to

process the Law against the perpetrators who are suspected of committing the Narcotics

Crime which has been included in the attachment of Permenkes No.44 of 2019

criminal legislation, before the act was committed and if after the act was committed

there was a change in the law. "The law is used the lightest rule for the defendant" Based

on the formulation of the provisions in Article 1 paragraph (1) of the Criminal Code, if

the behavior of a person is not recorded in the Law, then that person cannot be convicted,

so that the application of the law after the amendment of Permenkes No. 44 of 2019, then

the abusers of Kecubung who have been entered or classified into Narcotics category I,

are subject to criminal sanctions as referred to in Article 127 (1) of the Narcotics Law

No.35 of 2009 concerning Narcotics that Every Abuser of Narcotics Group I shall be

sentenced to a maximum imprisonment of 4 (four) years.

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altered consciousness, loss of taste, relieve or reduce pain and cause severe dependence or

excruciating pain. So that Kecubung can be included or classified into the Narcotics

group, namely Narcotics group I because the effect it causes is almost the same as

Narcotics group I.

With the existence of Kecubung not yet included in the change in the

classification of Narcotics in the attachment to the Minister of Health Regulation No.44

of 2019, the criminal policy regarding kecubung which contains addictive substances

according to Law Number 35 of 2009 concerning Narcotics is by entering kecubung in

the attachment to the class. I Minister of Health Regulation Number 44 of 2019 which is

new (meaning the next change).

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Darwis, Ahmad, Dalimunthe, Gabena Indrayani, & Riadi, Sulaiman. (2017). Drugs,

Eleanora, Fransiska Novita. (2021). The Dangers Of Drug Abuse And Efforts To Prevent

Kurnia, Annida Wahyu, Wikanta, Wiwi, & Ghoni, Abdul. (2016). The Effect Of

Sagama, Suwardi. (2016). Analysis Of The Concept Of Justice, Legal Certainty And

Siagian, Anton Suriyadi, & Saputra, Inggar. (2019). Rehabilitation Of Drug Users In