Analysis of Criminal Responsibility of Narcotics Defendants After the Effectiveness of the New Criminal Code (Case Study of Mataram District Court)

Abstract

Drug abuse in Indonesia presents a serious legal problem because it is not only related to illicit trafficking, but also affects users, addicts, victims of abuse, couriers, and other parties with varying degrees of involvement. Following the enactment of the New Criminal Code, the criminal liability of drug defendants needs to be assessed more carefully due to changes in criminal provisions, the application of rules that are more favorable to defendants, and the need to differentiate between punishment and rehabilitation based on trial facts. This study aims to analyze the criminal liability of drug defendants after the enactment of the New Criminal Code, the weaknesses in its implementation, and the ideal model for criminal liability for drug defendants in the future. This thesis research uses a normative legal research method with analytical descriptive specifications, using secondary data through literature studies covering primary, secondary, and tertiary legal materials, then analyzed qualitatively to answer the research questions. The theories used include the theory of criminal responsibility, the theory of legal systems, and the theory of justice. Research results: 1) The criminal liability of narcotics defendants after the New Criminal Code is based on evidence of actions, mistakes, the ability to be responsible, and the application of new rules that are more beneficial to the defendant, as seen in the Mataram District Court case through the use of Article 609 Paragraph (1) letter a of the New Criminal Code. 2) The weakness in the implementation of the criminal liability of narcotics defendants after the New Criminal Code lies in the unclear substance guidelines, the lack of uniform understanding among officials, and the continued strong perspective on severe punishment that limits the space for rehabilitation. 3) The ideal model for the criminal liability of narcotics defendants is a model that differentiates between perpetrators of illicit trafficking, users, addicts, and victims of abuse based on trial facts, with measured punishment for perpetrators of trafficking and rehabilitation for addicts and victims of abuse in accordance with the principles of legality, the principle of fault, and the principle of justice.