Siber International Journal of Advanced Law
Vol. 4 No. 2 (2026): Siber International Journal of Advanced Law (October - December 2026)

The Decriminalization of Narcotics Abuse After the Enactment of the National Criminal Code

Kadek Agus Surya Suteja (Universitas Dirgantara Marsekal Suryadarma, Jakarta, Indonesia)
Dijan Widijowati (Universitas Dirgantara Marsekal Suryadarma, Jakarta, Indonesia)
Diding Rahmat (Universitas Dirgantara Marsekal Suryadarma, Jakarta, Indonesia)



Article Info

Publish Date
18 Oct 2026

Abstract

Narcotics abuse is a legal, social, and health problem that requires a criminal law policy that is proportionate to the interests of community protection and the need for recovery of narcotics abusers. After the enactment of Law Number 1 of 2023 concerning the Criminal Code, these problems have become increasingly relevant because the National Criminal Code emphasizes corrective, rehabilitative, restorative, and social reintegration aspects. This study aims to analyze the regulation of criminal law policies on narcotics abuse and the construction of decriminalization of narcotics abuse in accordance with the principle of ultimum remedium. The research method used is normative legal research. The results of the study show that there is still a disharmonization between Law Number 35 of 2009 concerning Narcotics and the criminal paradigm in the National Criminal Code. Decriminalization is not interpreted as the legalization of narcotics, but the reformulation of criminal law policies that prioritize rehabilitation for narcotics abusers who are proven to be addicts or victims of abuse, while prison sentences remain as the ultimate remedium.

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Journal Info

Abbrev

SIJAL

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Siber International Journal of Advanced Law (SIJAL) is an open-access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in various government policies and civil rights law, particularly in developed and developing countries. This may ...