The Decriminalization of Narcotics Abuse After the Enactment of the National Criminal Code
DOI:
https://doi.org/10.38035/sijal.v4i2.444Keywords:
Decriminalization, Narcotics Abuse, Criminal Law Policy, National Criminal Code, Rehabilitation and ultimum RemediumAbstract
Narcotics abuse is a legal, social, and health problem that requires a criminal law policy that is proportionate to the interests of community protection and the need for recovery of narcotics abusers. After the enactment of Law Number 1 of 2023 concerning the Criminal Code, these problems have become increasingly relevant because the National Criminal Code emphasizes corrective, rehabilitative, restorative, and social reintegration aspects. This study aims to analyze the regulation of criminal law policies on narcotics abuse and the construction of decriminalization of narcotics abuse in accordance with the principle of ultimum remedium. The research method used is normative legal research. The results of the study show that there is still a disharmonization between Law Number 35 of 2009 concerning Narcotics and the criminal paradigm in the National Criminal Code. Decriminalization is not interpreted as the legalization of narcotics, but the reformulation of criminal law policies that prioritize rehabilitation for narcotics abusers who are proven to be addicts or victims of abuse, while prison sentences remain as the ultimate remedium.
References
Arief, B. N. (2014). Law enforcement issues and criminal law policies in crime management. Kencana.
Arief, B. N. (2016). Flower potpourri of criminal law policy. Kencana.
European Monitoring Centre for Drugs and Drug Addiction. (2024). Drug policy profile: Netherlands. EMCDDA.
Fadholi, A., Surtikanthi, D., & Annisya, S. (2022). The importance of decriminalizing narcotics
abusers through integrated assessment in the Narcotics Bill. Journal of National Resilience Strategic Studies, 5(2), 120–138.
Iqbal, M. (2021). Criminal policy against narcotics abusers in the Indonesian legal system [Master's thesis, Master of Law Program].
Joint Regulation on the Handling of Narcotics Addicts and Victims of Narcotics Abuse in Rehabilitation Institutions [Joint Regulation]. (n.d.).
Law format / Republic of Indonesia Number 1 of 1981 concerning the Law of Criminal Procedure. (1981).
Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code. (2023).
Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. (2009).
Ministry of Health of the Republic of Indonesia. (2022). Guidelines for the prevention and control of narcotics abuse. Ministry of Health of the Republic of Indonesia.
Muladi, & Arief, B. N. (2010). Criminal theories and policies. Alumni.
Nurjanah, S. (2024). Reform of the criminal law after the enactment of the National Criminal Code [Doctoral dissertation].
Prasetyo, D. (2023). Decriminalization in the reform of Indonesian criminal law [Master's thesis].
Regulation of the National Narcotics Agency Number 1 of 2019 concerning the Implementation of Rehabilitation Services at Rehabilitation Institutions within the National Narcotics Agency. (2019).
Regulation 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. (2014).
Sinaga, N. A., Sari, I., & Gaol, S. L. (2020). Implications of the application of rubber articles in Law Number 35 of 2009 concerning Narcotics on narcotics abusers for themselves in obtaining rehabilitation rights. Aerospace Law Scientific Journal, 11(1).
Sudarto. (2017). Capita selecta criminal law. Alumni.
Sudarto. (2018). Law and criminal law. Alumni.
Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating. Criminal Cases Based on Restorative Justice. (2024).
Supreme Court Regulation Number 1/PB/MA of 2014 concerning the Handling of Narcotics Addicts and Victims of Narcotics Abuse in Rehabilitation Institutions. (2014).
United Nations Office on Drugs and Crime. (2024). World drug report 2024. United Nations.
United Nations Office on Drugs and Crime. (2025). World drug report 2025. United Nations.
Widijowati, R. D. (2023). Legal protection for victims of wrongful arrest. Literacy of the Eternal Archipelago.
Wulandari, P., Widijowati, R. D., & Zein, S. (2026). Criminal Responsibility for Perpetrators of Drug Abuse by Children Based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Synergy: Multidisciplinary Scientific Journal, 2(1), 1322–1336.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2026 Kadek Agus Surya Suteja, Dijan Widijowati, Diding Rahmat
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright :
Authors who publish their manuscripts in this journal agree to the following conditions:
- Copyright in each article belongs to the author.
- The author acknowledges that the Siber International Journal of Advanced Law (SIJAL) has the right to be the first to publish under a Creative Commons Attribution 4.0 International license (Attribution 4.0 International CC BY 4.0).
- Authors can submit articles separately, arrange the non-exclusive distribution of manuscripts that have been published in this journal to other versions (for example, sent to the author's institutional repository, publication in a book, etc.), by acknowledging that the manuscript has been published for the first time at SIJAL.
