Jurnal Hukum Novelty
Vol. 17 No. 1 (2026)

Users or traffickers? Legal ambiguities in Indonesia’s narcotics law and their role in prison overcrowding

Nevey Varida Ariani (Universiti Utara Malaysia, Malaysia)
Yusramizza Md Isa (Universiti Utara Malaysia, Malaysia)
Yuhanif Yusof (Universiti Utara Malaysia, Malaysia)
Amirudin (Universitas Muhammadiyah Prof. Dr. Hamka, Indonesia)



Article Info

Publish Date
16 Apr 2026

Abstract

Introduction to the Problem: Drug law enforcement in Indonesia is undermined by persistent legal ambiguities, particularly in distinguishing between drug users and traffickers. This uncertainty erodes legal certainty, generates judicial inconsistencies, and contributes directly to chronic prison overcrowding. Purpose/Study Objectives: This study analyses inconsistencies in Law No. 35 of 2009 regarding the classification of drug users and traffickers and their impact on sentencing disparities and overcrowding. Design/Methodology/Approach: A juridical-empirical method was employed, combining normative legal analysis with qualitative data from semi-structured interviews with four judges and ten inmates in East Java. Findings: Empirical evidence shows that users are frequently misclassified as traffickers through the routine use of Article 112, even for small personal-use quantities suited to Article 127. Despite SEMA No. 4/2010 and No. 3/2015, their clarifying impact has been limited. This misclassification restricts access to rehabilitation, fuels overcrowding, and produces sentencing disparities, thereby weakening substantive justice. This is the first empirically grounded study linking statutory ambiguity with systemic overcrowding in Indonesia. By connecting doctrinal ambiguity with systemic over-incarceration, the study recommends statutory harmonisation, expansion of rehabilitation alternatives, and selective decriminalisation consistent with human rights. Paper type: Research Article

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Journal Info

Abbrev

Novelty

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Novelty (ISSN 1412-6834 [print]; 2550-0090 [online]) is the Journal of Legal Studies developed by the Faculty of Law, Universitas Ahmad Dahlan. This journal published biannually (February and August). The scopes of Jurnal Hukum Novelty are: Constitutional Law, Criminal Law, Civil Law, ...