Legalis : Journal of Law Review
Vol. 4 No. 3 (2026): July 2026

Application of the Lex Mitior Principle in Narcotics Cases: Supreme Court Decision No. 499 PK/Pid.Sus/2026

Fedhli Faisal (Universitas Pamulang)
Surya Oktarina (Universitas Pamulang)
Yesi Lestarina Sutoyo (Universitas Pamulang)



Article Info

Publish Date
30 Jul 2026

Abstract

This study employs a normative doctrinal case analysis to examine the application of the lex mitior principle in Supreme Court Decision Number 499 PK/Pid.Sus/2026 and its relationship with the continuing application of the special Narcotics Law. The study focuses on how the Supreme Court applied the more favorable post-enactment sentencing framework without eliminating the established criminal liability under the Narcotics Law. Decisions Number 1565 PK/Pid.Sus/2026 and Number 1717 PK/Pid.Sus/2026 are used as purposively selected supporting decisions to provide a limited comparative perspective. The analysis demonstrates that lex mitior operated primarily through sentencing adjustment rather than through reclassification of the established offense. In Decision Number 499 PK/Pid.Sus/2026, the Supreme Court reduced the sentence from nine years of imprisonment and an IDR 800,000,000 fine imposed by the District Court to six years of imprisonment without a fine at the judicial review stage. The Court maintained the finding concerning unlawful possession of Category I narcotics under Article 112 of Law Number 35 of 2009 and separately maintained the pharmaceutical offense concerning Trihexyphenidyl HCl-containing tablets. The comparison with Decisions Number 1565 PK/Pid.Sus/2026 and Number 1717 PK/Pid.Sus/2026 indicates a preliminary pattern of applying a more favorable sentencing framework, although the cases differ in offense classification, quantity of narcotics, factual circumstances, and sentencing considerations.

Copyrights © 2026






Journal Info

Abbrev

legalis

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Legalis : Journal of Law Review with ISSN Number 3030-8658 (Online) published by Indonesian Scientific Publication, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability law ...