State Liability in Protecting Citizens from the Crime of Narcotics in the Concept of State Law Theory

Subroto Rindang Arie Setyawan, I Nyoman Nurjaya, Masruchin Ruba’i, Ismail Navianto


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)

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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