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All Journal Jurnal Multidisiplin Indonesia Law & Pass : International Journal of Law, Public Administration and Social Studies
Mhd. Azhali Siregar
Universitas Pembangunan Panca Budi, Indonesia
Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Veterinary

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Disparity and Policy in Drug Crime Cases Under Articles 112 and 127 of Law No. 35 of 2009 on Narcotics (A Study of Case Decision No. 2453 K/Pid.Sus/2025) Ryan Fadli Siregar; Mhd. Azhali Siregar; Suci Ramadani
Jurnal Multidisiplin Indonesia Vol. 5 No. 1 (2026): Jurnal Multidisiplin Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jmi.v4i1.2620

Abstract

Narcotics crimes are extraordinary crimes that have a wide impact on society. The handling of this case involves various parties, including judges who have an important role in making fair decisions. However, in practice, there is often a disparity in judges' decisions, especially in the application of Article 112 and Article 127 of Law Number 35 of 2009 concerning Narcotics. Article 112 tends to be applied to perpetrators who are actually only abusers, thus causing injustice because the threat of punishment is much heavier than Article 127 which provides space for rehabilitation. This study examines the criminal disparity in the case of a.n Musa Siagian which shows significant differences between first-instance decisions, appeals, and cassation, including changes in the legal basis from Article 112 to Article 127 at the cassation level. The method used is a descriptive qualitative approach with an analysis of court decisions and relevant legal norms. The results of the study show that there are two tendencies in the judge's mindset: positivistic and non-positivistic. The judge of first instance and the appeal was considered not to consider the humanitarian aspect and the penal guidelines in SEMA Number 3 of 2015 Jo. SEMA Number 4 of 2010. On the contrary, the Supreme Court in its cassation decision emphasized more sociolegal approaches and substantive justice. This disparity is an important concern in the reform of the narcotics criminal justice system in Indonesia so that law enforcement is more proportionate and humane, especially for narcotics abusers.
Problems of Law Enforcement Against Drug Users (Decision Study Number: 214/Pid.Sus/2024/PN.Mdn) Roslina Tiur Melia; Mhd. Azhali Siregar
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.59

Abstract

The distribution and abuse of narcotics are serious national issues that the government considers a threat to the nation’s moral integrity. Perpetrators of narcotics crimes often receive sentences from the courts that do not align with justice or legal certainty. In narcotics cases, key articles such as Articles 114, 112, and 127 of Law Number 35 of 2009 on Narcotics are commonly used. However, Articles 112 and 127 are often criticized for their vague formulations, leading to multiple interpretations. These ambiguities allow drug dealers to disguise themselves as victims, which may result in lighter sentences and contribute to legal injustice. This research adopts a normative legal approach, systematically analyzing court decisions and applicable laws to understand the criminal sanctions imposed on narcotics offenders. The study found that law enforcement in narcotics cases faces significant challenges, with a strong reliance on criminal penalties. The study further highlights the need for enhanced efforts at local, national, and international levels to combat narcotics-related crimes. In the specific case studied, the Medan District Court sentenced the defendant, Veri Suriana, to six years in prison and a fine of one billion rupiah. Failure to pay the fine would result in an additional six-month prison sentence.
Co-Authors Roslina Tiur Melia Ryan Fadli Siregar Suci Ramadani