State Liability in Protecting Citizens from the Crime of Narcotics 55 Journal of Law, Policy and Globalization 2016

55 J.L. Pol'y & Globalization 99 (2016)
State Liability in Protecting Citizens from the Crime of Narcotics

handle is hein.journals/jawpglob55 and id is 100 raw text is:

Journal of Law, Policy and Globalization wwwite org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
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Vol.55, 2016

State Liability in Protecting Citizens from the Crime of Narcotics

in the Concept of State Law Theory

Subroto Rindang Arie Setyawan* I Nyoman Nurjaya2 Masruchin Ruba'i3 Ismail Navianto4
1. Doctoral Candidate at Law Faculty of Brawijaya University, Malang
2. Professor of Legal Anthropology at Law Faculty of Brawijaya University, Malang
3. Professor of Criminal Law at Law Faculty of Brawijaya University, Malang
4. Associate Professor of Criminal Law at Law Faculty of Brawijaya University, Malang

Abstract
The crime of narcotics is an extra ordinary crime that requires special attention because of the impacts brought
by narcotics, not only on health issues, but also been penetrated on the issue of social security and the economy,
which in the end will affect the sustainability of the country. One indication of rampant circulation of narcotic
drugs in Indonesia was due to the ignorance of the dangers of narcotics from the society. The concept of a State
of law in Indonesia constitutionally enshrined in the Constitution of the 4th amendment article 1 paragraph (3)
which reads the State of indonesia is a country of law. The State has the obligation to guarantee the lives of its
citizens well. Health is a basic human right and one of the elements of well-being which must be realized in
accordance with the ideals of the nation of Indonesia as stipulated in Pancasila and the Constitution of the
Republic of Indonesia in 1945, every activity in an effort to maintain and improve public health degrees
implemented based on the principle of nondiskriminative, participative, and sustainable in the framework of the
formation of human resources in Indonesia, as well as increasing the resilience and competitiveness of the nation
for national development. Every single thing that causes the occurrence of health disorders in Indonesian society
would cause great economic losses for the State, and every effort is increasing the degree of public health also
means the investment for the construction of the country and every effort must be based on development with
health insights in which the meaning of national development should pay attention to public health and is the
responsibility of all parties for either government or society.To carry out these duties, then the country formed
the National Narcotics Agency (BNN). The concept of the institutions set up by the State is in order to establish
the legal protection for its citizens. The establishment of the National Narcotics Agency (BNN) is in order to
tackle rampant narcotics circulation in Indonesia, the urge of the State to immediately tackle the narcotics
problem is manifested by the establishment of the National Narcotics Agency (BNN). The implementation of
State law embodied in the implementation of the norms to guarantee legal protection for the citizens of the
community, including the protection of the law in granting human rights assurance for its citizens.
Keywords: Narcotic crime, the obligation of the State, the National Narcotics Agency (BNN)

1. Introduction
Drug abuse or illicit traffic of narcotics is a social symptom which creates unsettling impacts for society. These
criminal acts have become an international discussion given the extraordinary impacts damaging the life of
society. The international world is currently declaring war on narcotics. Indonesia is currently being narcotic
emergency. In an interview with CNN correspondent Christine Amanpour on January 27 2015, President Jokowi
stated that there were as many as 40-50 people in Indonesia who died every day because of narcotics, moreover,
based on the statistics put forth by the President Jokowi that there are 4.5 million people affected by narcotics
and there are 1.2 million people who already can not be rehabilitated because thier conditions are too severe in
value.
The rise of illicit traffic of narcotics in Indonesia is affected by some aspects that are wrong:
1. The geographical aspect.
Geographically, Indonesia is located between Asia and Australia continent and between the Indian
Ocean and the Pacific Ocean. The geographical position of Indonesia as put Indonesia in the cross, and
consists of thousands of Islands, it makes Indonesia as the region that has many entry gates for illegal
goods including narcotics.
2. The demographic aspects
Indonesia with a relatively large population is directly proportional for the potential users of narcotics
that makes this country as the main objective of marketing of International narcotics.
3. Economic aspects
In terms of circulation, the condition of the poor community has made the public increasingly easy to
fall into a trap of narcotics circulation, an enticing advantage makes short-minded society for the sake
of obtaining wealth in short by being narcotics sellers.
Most of the aspects of life in society influenced directly or indirectly from the dangers of drugs. Some
of the harms of drug abuse include:

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