APPLICATION OF LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS; CASE STUDY OF DECISIONS IN SERANG DISTRICT COURT

Abstract

Purpose: This research investigates the impact of different interpretations of Indonesian Law on narcotics crimes, focusing on Articles 112 and 127. It examines court decisions to understand evidence application and distinguish between possession and self-use of narcotics. The aim is to improve consistency, fairness, and effectiveness in combating narcotics crimes.   Theoretical Framework: This research uses legal and criminological theories to analyze the interpretation and application of law in narcotics crimes. Interpretivism focuses on language, judicial precedent, and societal norms, while legal positivism emphasizes formal rules. Labeling theory suggests inconsistent application can lead to stigmatization and marginalization. Social learning theory suggests discrepancies in law interpretation can influence perceptions and attitudes.   Design/Methodology/Approach: This research uses a mixed-methods approach, combining normative and sociological juridical methods, with a statutory approach, to explore the interpretation and application of law in narcotics cases. It uses a literature review, document analysis, and qualitative data analysis to identify patterns, discrepancies, and trends in narcotics law interpretation. The study aims to provide a comprehensive understanding of societal implications and criminogenic factors in narcotics cases.   Findings: The research reveals significant discrepancies in the interpretation and application of Articles 112 and 127 of Law Number 35 of 2009 concerning Narcotics, leading to inconsistent treatment and punishment of perpetrators. This inconsistency contributes to criminogenic factors and perpetuates social stigmas, hindering efforts to address underlying issues and promote rehabilitation and harm reduction strategies.   Research, Practical & Social Implication: The research highlights the complexities of narcotics laws, emphasizing the need for further research on factors influencing legal interpretations and the societal impacts of inconsistent enforcement practices. It also emphasizes the need for enhanced training for law enforcement and a multi-faceted approach to address social inequalities and promote fairness.   Originality/Value: This research explores the impact of varying interpretations of narcotics laws on legal outcomes and societal dynamics. It integrates legal and sociological perspectives, analyzing court decisions to understand the complexities of narcotics offenses. The findings have practical implications for legal practitioners, law enforcement agencies, and policymakers, advancing scholarly understanding and informing policy.