Overview of Victimology and Criminology of Marijuana Abuse in Indonesia

Indonesia is a State of Law where the concept of state power must be exercised on the basis of fair and good law. The relationship between those who give orders and those who are governed by objective norms and not by absolute power. Of course, these objective norms must meet the formal requirements and can be defended by legal ideas. In accordance with the concept of the rule of law, the state should have a commitment in upholding human rights where all citizens have the same position in the eyes of the law. equal position in the eyes of the law. In Article 27 paragraph (1) of the 1945 Constitution states that: "Every citizen shall be equal before the law and government and shall uphold the law and government with no exception"
The principle of equality in the eyes of the law should not just be a patch on the 1945 Constitution and legislation. contained in the 1945 Constitution and legislation. But more on how it is implemented and applied because in the practice of law enforcement, things often happen that contradict the law. law enforcement often occur things that contradict this principle.
Victims are often denied their rights, among others, because of lenient charges, not knowing the progress of case handling, not receiving compensation and not fulfilling other rights. Legal protection for victims of any crime needs to be provided because the issue is not only a national issue but has become an international issue. Therefore, this issue needs to be considered because the issue of justice and human rights is not something that is very simple to be resolved and realized.
There are many cases and events that show that justice and human rights have not received serious attention from the government. In fact, Pancasila as the nation's philosophy of life mentions humanity and justice and the precept of social justice for all Indonesian people.
One example of the government's lack of attention is related to the legal protection of victims of drug abuse. An example of a quite horrendous case is the case of Filades who used marijuana as medicine for his wife who had Syringomyelia, which is the growth of cysts on the spinal cord and is one of the rare diseases. Although Filades admitted to growing the marijuana not for distribution, the judge still imposed a prison sentence for the use of marijuana. the judge still imposed a prison sentence for narcotics abuse in accordance with Law No.35/2009 Article 116.