Analysis of Criminal Responsibility for Narcotics Abuse Based on Positive Criminal Law

Abstract

This study aims to analyze criminal responsibility for narcotics abuse within the framework of Indonesian positive criminal law, particularly in the context of legal reform through the 2026 National Criminal Code (KUHP). The background of this research is based on the paradigm shift in criminal law from a repressive approach toward a more humane and substantively just orientation. The main issues examined are how criminal responsibility is constructed for narcotics abusers and how users are positioned both as offenders and victims within the national criminal justice system. This research employs a normative legal method using statutory, conceptual, and philosophical approaches. Legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively through deductive reasoning. The study focuses on the provisions of Law Number 35 of 2009 concerning Narcotics and its relevance to the National Criminal Code, particularly regarding the principles of criminal responsibility, legality, and the development of restorative justice approaches. The findings indicate that Indonesian positive criminal law has adopted a double track system in addressing narcotics abuse, combining criminal sanctions and rehabilitative measures. However, in practice, there remains a gap between normative provisions and their implementation, particularly in distinguishing between users, addicts, and traffickers. Therefore, a more progressive and integrative criminal policy is required to ensure the realization of a humane, proportional, and substantively just criminal justice system.