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user4234
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Is this true that drug users in Indonesia cannot be prosecuted if they are in rehabilitation?

https://www.hukumonline.com/berita/baca/lt595f3a8c67506/pecandu-narkotika-yang-tidak-dapat-dituntut/

https://ssl.microsofttranslator.com/bv.aspx?ref=TAns&from=&to=en&a=https://www.hukumonline.com/berita/baca/lt595f3a8c67506/pecandu-narkotika-yang-tidak-dapat-dituntut/

The article title is "Drug addicts that cannot be charged"

One of the sentence in the article, from the english translation.

In fact, believe it or not, there are narcotic addicts who cannot be criminally prosecuted. This departs from the concept of rehabilitation stipulated in article 55 paragraph (2) of the narcotic LAW. This article confirms narcotic addicts who are already age obliged to report themselves or reported by their family to public health centers, hospitals, and/or medical rehabilitation institutes or Social rehabilitation appointed by Government to obtain treatment and/or treatment through medical rehabilitation and social rehabilitation.
(Read ALSO: Application procedure for narcotic Rehabilitation) If an adult narcotic addict or his family reports themselves to a government-designated rehabilitation facility to obtain treatment or treatment, there is a benefit he gains. What? The addict is very likely not prosecuted criminally if caught. The condition, before the arrest was a moderate addict or had twice undergone medical treatment. The reason for not demanding addicts was governed expressly in Article 128 paragraph (3) of the narcotic LAW. The article mentions narcotic addicts who have been fairly common as referred to article 55 clause (2) Narcotics LAW undergoing medical rehabilitation twice the time of treatment of doctors in hospitals and/or government-appointed medical rehabilitation institutes Criminal can not be prosecuted.

The Supreme Court has also implemented the article in the case of narcotics. One of them is in the verdict No. 1166 K/Pid. Sus/2016. In this ruling, the court of the Castive judge declared the prosecution against the defendant B.S. unacceptable, and ordered the defendant to remove from the prisoner. This casted decision did reverse the prison sentence which dropped judex facti. The District Court of Kediri sentenced him to 2 years in prison, and ordered the defendant to undergo medical and social rehabilitation at the narcotics prison in Madiun during his imprisonment. Surabaya High Court strengthened first-level judge decision.

A friend of mind tell me that a drug user in Indonesia usually, voluntarily go to rehabilitation center and "register" as a drug "addict".

If they get caught by cops they cannot be prosecuted.

I did more research on it and I found that article in Indonesia.

Of course, most drug users are not really addicted. Most illegal drugs are not addictive. However, cops often extort large amount of money from drug users that are caught.

So if getting registered means people are immune from being prosecuted, why not?

I just want to confirm if it's true.

I think it's pretty bizarre. More like a loophole.

Some of people I know are not addicts but casual users. If this is true, he would consider going to rehabilitation.

And then can use drug casually calmly knowing that even if found out he won't go to jail. This is as good as decriminalization.

user4234
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