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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Hukum dan Peradilan
Yussri Sawani
Universiti Teknologi MARA
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Reformulation of Narcotics Regulations to Eliminate Inconsistent Interpretation for Narcotics Offenders Anita Zulfiani; Hartiwiningsih; Dian Esti Pratiwi; Yussri Sawani
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.111-138

Abstract

A considerable number of correctional facilities and detention centres in Indonesia are currently grappling with overcrowding issues, primarily driven by inmates involved in narcotics-related cases. This research aims to investigate the inconsistencies within narcotics regulations that lead to diverse interpretations of the law by law enforcement officials. The pressing aim of this study is to reduce the population of narcotics offenders serving prison sentences, thus alleviating the problem of overcrowding. This research adopts a qualitative methodology focusing on legislative and conceptual analysis. The research findings underscore the necessity for a revision of narcotics legislation. More specifically, this involves categorizing narcotics offenders based on their intent, making a clear distinction between "narcotics users," encompassing individuals who use drugs, suffer from addiction, or have become victims of narcotics abuse, and "narcotics profiteers," which includes those engaged in selling, facilitating transactions, manufacturing, or inducing others into narcotics abuse and victimization. In summary, this research highlights that consistency is needed in the regulation of narcotics articles by creating clear categories of behavior that are included in narcotics crimes to eliminate the various interpretations of the law, ultimately ensuring a fair and legally certain criminal justice system.
Human Rights Protection and Criminal Liability in the Smuggling of Indonesian Migrant Workers Anita Zulfiani; Muna Ganesya Arya; Nabila Alinka Wibowo; Tika Andarasni Parwitasari; Yussri Sawani
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.4220

Abstract

This research examines the criminal liability of Indonesian migrant workers involved in migrant smuggling, whether intentionally or unintentionally, within the framework of human rights and criminal law. Using a doctrinal legal approach, the study finds that migrant workers, as victims of human trafficking, cannot be held criminally liable for smuggling since they are treated as objects of the crime, although they may still be accountable for other offenses under applicable law. Criminal liability rests with individuals or organized groups that profit from smuggling activities. The study emphasizes the need to protect the rights of Indonesian migrant workers and to prevent the criminalization of those who become victims of human trafficking.
Co-Authors Anita Zulfiani Dian Esti Pratiwi Hartiwiningsih Muna Ganesya Arya Nabila Alinka Wibowo Tika Andarasni Parwitasari