Nur Mayang Hayati
Magister Ilmu Hukum, Universitas Sumatera Utara

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Criminal Liability of Foreign Nationals in Narcotics Offenses (A Study of Judgment No. 483/Pid.Sus/2025/PN Dps) Nur Mayang Hayati; Marlina Marlina; Abdul Aziz Alsa
Community: Jurnal Hasil Penelitian dan Pengabdian Masyarakat Vol. 5 No. 1 (2026): Action Research and Community Development
Publisher : Perkumpulan Dosen Tarbiyah Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/community.v5i1.367

Abstract

The illicit trafficking of narcotics is one of the most complex forms of transnational crime, increasingly involving foreign nationals as part of international criminal networks. This phenomenon poses significant challenges to the Indonesian criminal justice system in ensuring the fair, firm, and lawful application of criminal liability. This study aims to analyze the legal framework governing narcotics offenses committed by foreign nationals in Indonesia, examine the criminal liability of foreign nationals under Indonesian criminal law, and evaluate the legal reasoning of judges in imposing criminal sanctions in Decision Number 483/Pid.Sus/2025/PN Dps. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively through a descriptive-analytical method. The findings indicate that the legal regulation of narcotics offenses committed by foreign nationals is primarily governed by Law Number 35 of 2009 on Narcotics and Law Number 1 of 2023 on the Indonesian Criminal Code, through the application of the territoriality principle and the principle of equality before the law. The criminal liability of foreign nationals is determined based on the fulfillment of the elements of the criminal offense, the existence of culpability, the capacity to be held criminally responsible, and the absence of justifying or excusing grounds. Furthermore, the judges' legal reasoning in Decision Number 483/Pid.Sus/2025/PN Dps was based on the proof of the criminal elements, the defendant's degree of culpability, involvement in an international narcotics trafficking network, the quantity of narcotics involved, and the harmful impact of the offense on society. Consequently, the imposed sentence reflects the objectives of punishment by ensuring legal certainty, justice, utility, public protection, and deterrence against narcotics-related crimes.