The Disparities in Punishment for Narcotic Addiction: Does it Reflect the Value of Justice?

Sentencing disparity in narcotics abuse cases reflects an ongoing legal issue concerning the principle of justice in Indonesia. This research aims to analyze the root causes of such disparities and explore ideal law enforcement approaches for narcotics addicts, grounded in the value of justice. Employing a doctrinal legal research method, this study focuses on statutory interpretation, particularly Articles 111, 112, and 127 of Law No. 35 of 2009 on Narcotics. These provisions lack clear normative boundaries, creating interpretative ambiguity among law enforcement officials. The absence of technical guidelines distinguishing narcotics users from dealers contributes significantly to unequal sentencing. Consequently, addicts with minimal evidence may face charges under severe articles, leading to legal uncertainty, injustice, and diminishing public trust in the criminal justice system. The novelty of this study lies in proposing the integration of international best practices within Indonesia’s legal framework to prioritize humanity, legal certainty, and fairness. The study concludes that regulatory reconstruction is necessary through the substantive revision of Articles 111, 112, and 127, to eliminate multi-interpretation and establish clear classifications of narcotics offenders, thus improving both the enforcement of narcotics law and the credibility of the criminal justice system.

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Publication Details

Journal
Jurnal Media Hukum
Published
2025-05-14
DOI
https://doi.org/10.18196/jmh.v32i1.25678
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

The Disparities in Punishment for Narcotic Addiction: Does it Reflect the Value of Justice?

Ida Musofiana, Andri Winjaya Laksana, Ahmed Kheir Osman, Tajudeen Sanni et al.
Jurnal Media Hukum
Indonesian Legal and Regulatory Studies
article

The Disparities in Punishment for Narcotic Addiction: Does it Reflect the Value of Justice?

Ida Musofiana, Andri Winjaya Laksana, Ahmed Kheir Osman, Tajudeen Sanni, Achmad Sulchan
article en

Abstract

Sentencing disparity in narcotics abuse cases reflects an ongoing legal issue concerning the principle of justice in Indonesia. This research aims to analyze the root causes of such disparities and explore ideal law enforcement approaches for narcotics addicts, grounded in the value of justice. Employing a doctrinal legal research method, this study focuses on statutory interpretation, particularly Articles 111, 112, and 127 of Law No. 35 of 2009 on Narcotics. These provisions lack clear normative boundaries, creating interpretative ambiguity among law enforcement officials. The absence of technical guidelines distinguishing narcotics users from dealers contributes significantly to unequal sentencing. Consequently, addicts with minimal evidence may face charges under severe articles, leading to legal uncertainty, injustice, and diminishing public trust in the criminal justice system. The novelty of this study lies in proposing the integration of international best practices within Indonesia’s legal framework to prioritize humanity, legal certainty, and fairness. The study concludes that regulatory reconstruction is necessary through the substantive revision of Articles 111, 112, and 127, to eliminate multi-interpretation and establish clear classifications of narcotics offenders, thus improving both the enforcement of narcotics law and the credibility of the criminal justice system.

Jurnal Media HukumVol. 32(1)
Somali National University (SO), Maldives National University (MV), Sultan Agung Islamic University (ID)
Openalex Percentile: Top 59%
Indonesian Legal and Regulatory Studies
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