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.
 Another example is the case of Dwi Sasono, an actor who was caught in a case of narcotics abuse in the form of  marijuana, the problem is that BNN seems to make Dwi Sasono a criminal equivalent to a drug dealer even though he is only a user. Based on this background , the author wants to raise "Viktimology Review of marijuana abuse."RESEARCH METHODOLOGY
This paper uses normative juridical legal research methods. To obtain data in this legal research, the author uses several approaches, namely the statute approach, case approach, and also uses a comparative approach. This research uses literature research by obtaining secondary data in the form of literature books, research results, journals, articles, and legal regulations related to the object of research.
C. FINDING & DISCUSSION
1. FACTORS THAT LEAD TO DRUG ABUSE
There are several factors that cause drug abuse in a person. Based on public health, the factors that cause drug abuse, consist of:
1) Individual Factors
Each individual has a different level of risk to abuse drugs. Factors that influence individuals consist of personality factors and constitutional factors. Reasons that usually come from oneself as a cause of drug abuse include:
a) Great curiosity to try, without realizing or thinking about the consequences.
b) Desire for fun
c) Desire to follow trends or styles
d) Desire to be accepted by the environment or group
e) Escape from boredom, problems or life's hardships
f) The misconception that occasional use is not addictive
g) Unable or unwilling to face pressure from the environment or social groups to use drugs h) Can't say NO to drugs
2) Environmental Factors
a) Family Environment --- Fractured mother and father relationships, ineffective communication between parents and children, and lack of respect between family members are factors that contribute to substance use disorders.
b) School Environment --- Schools that lack discipline, are located near entertainment venues, do not provide opportunities for students to develop themselves creatively and positively, and the presence of drug-using students are contributing factors to drug abuse.
c) Peer Environment --- The need for peer association encourages adolescents to be fully accepted in their group. There are times when using drugs is important for adolescents to be accepted in the group and considered as adults.
2. DRUG ABUSE FROM A VICTIMOLOGY PERSPECTIVE
Narcotics abuse is generally caused because the substances in narcotics provide a continuous opiate or addictive effect. As well as rumors from people who have used it that if you use narcotics life will be lighter and so on. On that basis, the average person is caught in the snare of narcotics and abuses it.
Someone who lives dependently on one type of Narcotics, then no matter what the circumstances will always try to get the goods. Therefore, there will be an effort to obtain the narcotics in all kinds of ways, including unlawfully. The danger posed by the abuse of Narcotics in addition to the danger to oneself, can also endanger social life. Narcotics abuse in society is a form of unlawful action and has become a serious phenomenon that must be addressed and resolved by both the community and the authorities.
The definition of Narcotics Abuse, contained in Law Number 35 of 2009 concerning Narcotics in Chapter I Article 1 General Provisions precisely in paragraph (15) reads: "A misuser is a person who uses Narcotics without the right or against the law."
Meanwhile, the Explanation of Article 54 of Law Number 35 Year 2009 explains: What is meant by "victim of narcotics abuse" is someone who unintentionally uses Narcotics due to being persuaded, tricked, cheated, forced, and/or threatened to use Narcotics.
In victimology, more precisely in victim typology, there are several legal expert opinions regarding victims of drug abuse. From the perspective of the level of involvement of the victims in the crime, the definition of victims of drug abuse, according to Ezzat Abdul Fateh, is included in the typology of False Victims, namely perpetrators who become victims because of themselves. Meanwhile, when looking at the perspective of victim responsibility, there are self-victimizing victims, namely perpetrators who become victims because of their own crimes. This is often referred to as victimless crimes. However, this view seems to form the perception that there is no crime without a victim. All crimes that have ever occurred involve both criminals and victims. Examples of self-victimizing victims are drug, alcohol, homosexual, and gambling addicts. According to this view, full responsibility lies with the perpetrator who is also the victim.
In some experts' opinions regarding the typology of victims in the perspective of victimology, it is stated that drug addicts are selfvictimizing victims where a person becomes a victim by his own actions. However, there are also those who categorize them into victimless crime (crime without victim) or victimless crime.
Victimless crimes are crimes that do not result in a victim, however, the perpetrator can be considered a victim. While in the category of crime, an evil act must cause a victim and the victim is another person. This means that if only oneself is the victim, then it cannot be considered a crime. this cannot be considered a crime. The position of victims of drug abuse in the justice system is still underestimated, even though they can be categorized as "sick people" who are the joint responsibility of the government, community components with rehabilitation programs.
3. Legal Protection Efforts for Victims of Marijuana Abuse based on Law Number 35 of 2009 concerning Narcotics and a Victimology perspective (Filades Case Study)
Law Number 35/2009 on Narcotics has a Double Track System, which provides criminal sanctions and action sanctions. Criminal sanctions are in the form of penalties such as: death, imprisonment, confinement, fines. As well as Action Sanctions in the form of Rehabilitation. In Law No.35 of 2009 Article 54 explained that: "Narcotics addicts and victims of narcotics abuse must undergo medical rehabilitation and social rehabilitation."
The regulation on Rehabilitation categorizes victims of drug abuse as "sick people" who are entitled to treatment (in this case called or passing through Rehabilitation).
What about the Fidelis case? Fidelis' case is somewhat different because what was charged was Fidelis himself where he was not a user but only planted and maintained cannabis plants to be used as medicine for his wife who had Syringomyelia disease. In Decision Number 111/Pud.Sus/2017/PN Sag, it was explained that Fidelis was charged with Law Number 35 of 2009 Article 116 where "Every person who without the right or against the law uses Class I Narcotics on others or provides Class I Narcotics for the use of others, shall be sentenced to a minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a fine of at least Rp1,000,000,000.00 (one billion rupiah) and a maximum of Rp10,000,000,000.00 (ten billion rupiah)."
Here it even appears that Fidelis was tried not for misuse of marijuana but rather for dealing drugs or marijuana because in article 116 it is clearly written "... giving narcotics class I (marijuana including class I) for the use of others ..." there is also still ambiguity in the use of the word "abuse" of marijuana because in Indonesia itself there is no regulation of the use of marijuana, it is only explained as "... every person who is without rights or against the law ..." even though it is stated in article 8 that "Narcotics Class I is prohibited from being used for the benefit of health services." This does not explain in detail the correct use of marijuana. In fact, many references state that marijuana has many benefits.
In this case, it can be said that Filades became a victim in this case because: (1) ambiguity/unclear definitions in the law that give rise to a certain situation, (2) mistakes in the law in regulating certain circumstances that cause victims. However, because Filades' actions also fulfill the elements of Law No.35/2009 Article 116, Filades can also be considered a perpetrator. This is in accordance with the False Victim theory where those who become victims because of themselves AND RECOMMENDATIONS
From the writing that has been presented, it can be concluded that :
1) In the perspective of victimology, especially in the typology of victims, narcotics or drug abuse can be categorized as: Selfvictimizing victim or crime without victim or False victim because there is no direct victim in the crime. It can be said that False Victim because a crime must have a perpetrator and a victim, of course, to determine how the party is responsible for his own actions.
2) The legal protection of narcotics abuse, especially marijuana, is quite clear in law no.35 of 2009. Such as how criminal action and treatment through rehabilitation. However, for an explanation However, the explanation of marijuana is still somewhat ambiguous because in Indonesia itself the regulation of marijuana use is still not regulated so that the use of the word "abuse" for marijuana can still be said to be ambiguous. In Filades' case, the judge should have given a fairer sentence because Filades still had to take care of his sick wife.
From the writing that has been presented above, the author wants to provide advice to related agencies such as BNN, POLRI, and officials who are authorized to handle perpetrators and victims of narcotics abuse. In our constitution, we already know a just and civilized humanity and there is also social justice for all Indonesian people, so equality in the eyes of the law should always be instilled in us. However, just because they are both involved in the scope of the narcotics circle does not mean that victims must also be treated like drug dealers. Because after all, victims of drug abuse are not political tools of anti-drug.
