JAKARTA - Young journalist Mark Jeffrey Smith alias Jeff Smith was arrested for possession of narcotics types of marijuana. However, with the various developments that exist, will this case lead to rehabilitation or even imprisonment?
Some developments in this case, for example, urine results that test positive for THC or are identical to marijuana. This urine test was carried out shortly after Jeff Smith was arrested.
"The result of a positive THC urine check means that the lines of marijuana are very clear," said Head of the West Jakarta Metro Police Narcotics Detective AKBP Ronaldo Maradona Siregar to reporters, Friday, April 16.
Then, during the arrest that took place at a basecamp in the Jagakarsa area, South Jakarta, the police also found evidence of marijuana stored in his car.
However, until now the police have not explained the amount of evidence confiscated during the arrest. The reason is that the evidence is still being examined by the Forensic Laboratory team (Labfor) to ensure that the evidence is drugs.
"We also secured some of the evidence at the TKP if the evidence for narcotics is currently being checked at the Police Forensic Laboratory," he said.
In addition, Jeff Smith, who was arrested along with his colleague with the initials D, has undergone a medical examination. This examination is carried out as a series of investigative processes.
"The examination is to determine the conditions concerned," said Ronaldo.
Moreover, this examination was to find out how long Jeff Smith had been using marijuana. Because, based on the results of the temporary examination, this pesinetron had recently consumed this illegal plant.
"It is possible that the perpetrator has recently used the drug," he said.
Jeff Smith, who gave a statement to the media, said he started consuming marijuana around 2019 or 2020.
"(Consumption of marijuana) Emm a year, two years ago," said Jeff Smith
In addition, Jeff, who did not say much at that time, only mentioned that the police had bought marijuana as evidence. He admitted to taking the narcotics to help him rest.
"(The origin of marijuana) Just from myself, because I can't sleep," he said.
With the development of this case handler, it is not certain that Jeff Smith's fate will be imprisoned or undergoing rehabilitation. However, it is likely that he will undergo rehabilitation.
Because, until now there has been no statement from the police saying that Jeff Smith was involved in a drug network. Thus, he was only a user.
On the other hand, according to applicable law in Indonesia, narcotics addicts and victims of narcotics abuse are obliged to undergo medical rehabilitation and social rehabilitation.
This is stated in Article 3 paragraph (1) of the Regulation of the Head of the National Narcotics Agency Number 11 of 2014 concerning Procedures for Handling Suspects and / or Defendants of Narcotics Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions (BNN Regulation 11/2014).
The regulation stipulates that narcotics addicts and victims of narcotics abuse who are without rights and against the law as suspects and / or defendants in narcotics abuse who are undergoing the process of investigation, prosecution and trial in court are given treatment, care and recovery in rehabilitation institutions.
Meanwhile, if referring to Law no. 35 of 2009 concerning Narcotics and Government Regulation No. 25 of 2011 concerning the Mandatory Reporting of Narcotics Addicts, then addicts / users and victims of narcotics abuse are obliged to undergo medical rehabilitation and social rehabilitation.
Victims of narcotics abuse are required to undergo medical rehabilitation and social rehabilitation.
Then in Article 127 of the Narcotics Law, a person who is arrested for using or possessing narcotics will still be legally processed under the charges of Article 127 of the Narcotics Law, whose verdict imposes an order for rehabilitation. Because, under the regulation the threat of punishment is less than 5 years, so there is no need to be detained.
The determination of whether it is fit to be rehabilitated or not remains through a court decision. The panel of judges who will determine someone as a victim of narcotics abuse or not.
Several factors that influence the judge in delivering a rehabilitation decision are a medical certificate, a psychiatric certificate from a psychiatrist or psychiatrist and the presence of an expert.
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