Al-Zayn: Jurnal Ilmu Sosial & Hukum
Vol 3 No 5 (2025): 2025

A Legal Review Of The Differences In Handling Drug Abusers And Drug Dealers : Case Study Number 456/PID.SUS/2025/PN SRG

Juan Carlos Marbun (Unknown)
M. Nassir Agustiawan (Unknown)
Mohammad Hifni (Unknown)



Article Info

Publish Date
03 Nov 2025

Abstract

This study aims to analyze the judges' considerations in distinguishing between the two categories of offenders, evaluate the conformity of the verdicts with applicable legal principles and provisions, and identify obstacles in the implementation of rehabilitation for drug abusers and law enforcement against drug dealers. This study is a normative legal study using a case study method on Serang District Court Decision Number 456/Pid.Sus/2025/PN.Srg, which tried two defendants in one case: a 17-year-old student (drug user) and a 32-year-old adult male (drug dealer). The results of the study show that the panel of judges comprehensively applied the principles of substantive justice and individualization of punishment. The judges considered legal and non-legal factors holistically, such as motive, psychological examination results, evidence of transactions, and potential for rehabilitation. Defendant A (the user) was sentenced to 1 year in prison with the provision of rehabilitation, in accordance with Article 54 of the Narcotics Law, while Defendant B (the dealer) was sentenced to 12 years in prison without remission, in accordance with Article 114 paragraph (1) of the Narcotics Law. This verdict is consistent with the principles of legality, proportionality, and restorative justice. However, the study also revealed obstacles in the implementation of rehabilitation, such as limited facilities at the National Narcotics Agency (BNN), a lack of integration in the referral system, and a lack of coordination between agencies

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Journal Info

Abbrev

AlZayn

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media

Description

Al-Zayn: Jurnal Ilmu Sosial & Hukum dengan e-ISSN 3026-2917 p-ISSN 3026-2925 Prefix DOI 10.61104. adalah jurnal akses terbuka peer-reviewed dan mengikuti kebijakan single-blind review. Artikel ilmiah pada Al-Zayn: Jurnal Ilmu Sosial & Hukum merupakan hasil penelitian orisinal, ide konseptual, dan ...