Law Development Journal
Vol 8, No 2 (2026): June 2026

Legal Analysis of Criminalization of Narcotics Abuse Perpetrators for Their Own Sake Due to Justice-Based Stress

Andri Winjaya Laksana (UNISSULA)
Ong Argo Victoria ((Scopus ID:56421868100), UNISSULA & International Islamic University Malaysia)



Article Info

Publish Date
01 Jul 2026

Abstract

Self-abuse of narcotics triggered by psychological conditions such as stress often results in criminal sanctions in prison, rather than rehabilitation. This study aims to analyze the legal punishment policy for perpetrators of self-abuse of narcotics due to stress and formulate a concept of justice-based punishment (restorative and corrective). The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that the implementation of Article 127 Paragraph (1) of Law No. 35 of 2009 concerning Narcotics still tends to be punitive (retributive justice), where judges often impose prison sentences rather than rehabilitation. In fact, perpetrators who consume narcotics due to stress are victims of psychological disorders and dependency. Justice-based punishment demands a paradigm shift from retributive justice to restorative justice and therapeutic justice, where medical and social rehabilitation must be positioned as the main legal form to restore perpetrators and restore their social function.

Copyrights © 2026






Journal Info

Abbrev

ldj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...