PAMALI: Pattimura Magister Law Review
Vol. 6 No. 2 (2026): JULY

Enforcement of Distributive Justice in Criminal Accountability of Narcotics Abusers Class I Not Plants: Penegakan Keadilan Distributif Dalam Pertanggungjawaban Pidana Penyalahguna Narkotika Golongan I Bukan Tanaman

Simamora, Yulyanti (Unknown)
Pane, Erina (Unknown)



Article Info

Publish Date
09 Sep 2026

Abstract

Introduction: The abuse of Class I narcotics that are not plants for personal interests is an unlawful act that has a serious impact on individuals and society. Purposes of the Research: Examine the application of criminal liability against perpetrators of Class I narcotics abuse that is not a plant for personal interests and analyze whether the imposition of criminal sanctions in Decision Number: 70/Pid.Sus/2025/PNTjk has reflected the principle of justice. Methods of the Research: The research method uses a normative and empirical juridical approach, by examining laws and regulations, court decisions, and interviews with judges, police investigators, and the National Narcotics Agency. Results Main Findings of the Research: The results of the study show that the application of criminal responsibility in Decision Number: 70/Pid.Sus/2025/PNTjk has fulfilled the element of criminal responsibility according to Moeljatno's theory, because the defendant is proven to have committed a criminal act with a mistake and without a justifiable or forgiving reason. The imposition of prison criminal sanctions reflects Aristotle's distributive justice in the sense of proportionality, but the justice realized is still juridical-formal because it has not optimized the rehabilitative approach. These findings underscore the importance of a balance between formal legal certainty and substantive justice in handling narcotics cases.

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Journal Info

Abbrev

pamali

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

PAMALI: Pattimura Magister Law Review will publish the only paper strictly following guidelines and manuscript preparation. All submitted manuscripts are going through a double-blind peer review process. Those papers are read by editorial members (upon field of specialization) and will be screened ...