IMPLEMENTASI KETENTUAN UPAYA REHABILITASI BAGI KORBAN PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (STUDI KOMPARATIF ANTARA PUTUSAN NOMOR 68/PID.SUS/2020/PN SMN DAN PUTUSAN NOMOR 45/PID.SUS/2020/PN MAM)

This research is motivated by the increasing number of victims of narcotics abuse in Indonesia. In addition, the legal umbrella regarding the regulation of victims of narcotics abuse is not sufficient to provide certainty. One of them, such as Law no. 35 of 2009 concerning Narcotics as the main law does not provide a definite division of how an abuser can become a victim or not. In the law, a victim of narcotics abuse must receive rehabilitation but, in reality, not all those who have been proven to be victims receive rehabilitation. This study seeks to find out the reasons for this phenomenon by studying normative juridical through a comparison of two judges' decisions related to narcotics cases, namely Decision No. 68/Pid.Sus/2020/PN Smn and Decision No. 45/Pid.Sus/2020/PN Mam and examine the two decisions from the aspect of benefit to see how the benefits can be generated if the two decisions are implemented. After going through the process of analyzing, it was found that in the first legislature, Haki used Law no. 35 of 2009 and the Supreme Court Circular No. 4 of 2010 as a consideration while the second decision only uses the Act. Judging from the aspect of expediency when considering non-juridical factors, when this decision was implemented it was proven to be able to provide benefits to the Defendant and the wider community