Analisis Yuridis Mengenai Narkotika Dikaitkan DenganHukum Positif Yaitu Undang- Undang Nomor 35 Tahun 2009 dan Hukum Islam

Abstract

This study analyzes and examines legal sanctions for drug crimes from the perspective of positive law and Islamic criminal law. The background to this research is based on the high rate of drug abuse in Indonesia and the lack of deterrent effect of current legal sanctions, particularly Law Number 35 of 2009 concerning Narcotics. On the other hand, Islamic law also has principles that can be applied to address drug crimes, although the term "narcotics" is not explicitly mentioned in the Quran or Hadith. This study used library research with a qualitative normative approach. The results show that positive law imposes severe sanctions on perpetrators of drug crimes, including the death penalty, imprisonment, and rehabilitation. Meanwhile, Islamic law views drugs as similar to alcohol due to their intoxicating effects, therefore sanctions can be either had or ta'zir, depending on the ijtihad of scholars.