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Danisa Enjelika; Diana Diana

JITEK: Jurnal Informatika dan Teknologi Komputer 2026 Politeknik Pratama Purwokerto

This internship was carried out at the South Sumatra Provincial Narcotics National Agency (BNNP Sumatera Selatan), specifically in the Eradication and Intelligence Division. The internship identified problems in inmate data management, where the process was still handled manually and partly using Microsoft Excel, resulting in difficulties in searching, updating, and reporting data. To solve this issue, a web-based inmate data information system was developed using the Laravel framework and MySQL database. The system was designed with several key features, including user login, dashboard, inmate data management, inmate history, photo upload, data search, status filtering, and user profile management. The development process included problem analysis, system requirements analysis, system design using use case diagrams, activity diagrams, and ERD, implementation, and black box testing. The test results showed that all main functions worked properly according to the expected requirements. Therefore, the system can support inmate data management in a more structured, efficient, and effective way.

Luki Ishwara; Agus Nursikuwagus; Ednawati Rainarli; Zainal Arifin Hasibuan; Sri Supatmi

Integrated System and Management Technology 2026 Asosiasi Pengelola Jurnal Informatika dan Komputer Indonesia

Across BNN, police, health, corrections, and local government, Indonesia's crossagen cynarcotics control produces a lot of data yet fragmented, limiting timely identification of abuse patterns,hotspots, and resource requirements. It aims to bridge the gap between international breakthroughson the use of machine-learning–based monitoring and optimization under uncertainty and underdeveloped provincial integration of governance, interoperability, and predictive analytics in the public sector. It is about designing and assessing an integrated spatiotemporal predictive, datadriven narcotics intelligence ecosystem for BNNP West Java. The approach combines iterative information systems engineering with an embedded case study and a mixed-methods evaluation covering seven phases: requirements structuring; data governance and quality; federated/hybrid interoperability and Privacy-Preserving Record Linkage; spatiotemporal predictive pipelines with both baseline and advanced models and anomaly detection; hotspot and risk mapping; early warning and situational dashboards linked to operational protocols; and implementation assessment with institutional learning.Evaluation utilizes quantitative measurements for data quality and model performance (including lead time and false-alarm considerations) and qualitative findings evaluating governance readiness and usability. Expected outputs can comprise a four-pillar framework bridging governance and policy impact, replicable artefacts to be deployed at the provincial level, and implications for evidence-based narcotics policy under national digital-government agendas, with considerations for data-access andprivacy limitations.

Jamaludin, Jamaludin

Jurnal Sosial Humaniora dan Pendidikan (JUSHPEN) 2026 Asosiasi Dosen Muda Indonesia

Transnational money laundering has become one of the most complex global financial crimes threatening economic stability, national sovereignty, public governance, and international security systems. Criminal organizations increasingly utilize sophisticated financial networks, shell corporations, offshore jurisdictions, digital assets, cryptocurrency systems, and cross-border financial transactions to conceal illicit proceeds originating from corruption, narcotics trafficking, cybercrime, terrorism financing, human trafficking, tax evasion, and organized crime. Consequently, asset recovery has emerged as one of the most strategic mechanisms within anti-money laundering governance because confiscating criminal proceeds weakens the financial infrastructure sustaining transnational criminal activities. However, transnational asset recovery remains highly challenging due to jurisdictional fragmentation, banking secrecy, legal disparities, institutional corruption, technological complexity, and weak international coordination. This study aims to analyze strategies for strengthening asset recovery in transnational money laundering crimes through international legal cooperation, financial intelligence systems, beneficial ownership transparency, and digital asset tracing governance. The study employs a systematic literature review method by critically examining peer-reviewed international and national journal articles published between 2015 and 2026. The analysis integrates thematic analysis, comparative analysis, and narrative synthesis to identify governance patterns, institutional challenges, strategic innovations, and legal implications regarding transnational asset recovery systems.

Agus Salim

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Social crimes at the village level require participatory and sustainable prevention approaches. This study aims to analyze the synergy between the Sidoarjo Police Resort through its BINMAS unit and the residents of Waruberong Village in implementing the “4D” anticipation framework (Corruption, Narcotics, Bullying, and Sexual Harassment). A descriptive qualitative method was employed, utilizing data collection through observation, semi-structured interviews, and documentation analysis of socialization activities and police-community forums. The results indicate that this partnership successfully shifts the security paradigm from a reactive enforcement model toward proactive collaboration grounded in education and early reporting. BINMAS functions effectively as an administrative liaison, coordinating Senkom Mitra Polri, village officials, and residents, thereby standardizing and streamlining report handling processes. The implementation of the 4D framework significantly enhances public legal literacy, strengthens trust in the DUMAS Presisi system, and encourages active community participation in security patrols and awareness campaigns. Although minor administrative challenges, such as limited reporting literacy and fluctuating attendance, were identified, they can be mitigated through structured mentoring. Overall, the 4D-based partnership model proves highly relevant for strengthening participatory security ecosystems at the village level. This study recommends standardizing educational modules, providing continuous administrative training for Senkom members, and integrating digital reporting platforms to ensure the program's long-term sustainability.

Shinta Chintya Fella; Syaifulah Yophi Ardiyanto; Tengku Arif Hidayat

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The legal arrangement of cannabis in Indonesia is based on Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which guarantees the right to health services, elaborated through Law Number 35 of 2009 concerning Narcotics and Law Number 17 of 2023 concerning Health. Cannabis is classified as a Group I narcotic prohibited for health services under Article 8 paragraph (1) of Law Number 35 of 2009, while Article 139 of Law Number 17 of 2023 requires that the use of medicines containing narcotics may only be carried out based on a prescription from medical personnel. At the same time, Canada through the Cannabis Act (S.C. 2018, c. 16) and Uruguay through Ley No. 19.172 (2013) apply fundamentally different legal arrangements for cannabis. This research uses normative legal research methods with a comparative law approach, applying the criminal policy framework of Marc Ancel and the law enforcement theory of Joseph Goldstein. The results show: (1) cannabis arrangement in Indonesia is prohibitive through Article 8 paragraph (1) of Law Number 35 of 2009, while Article 6 paragraph (3) opens a mechanism for reclassification through Ministerial Regulation; (2) Canada through the Cannabis Act applies a regulated market model with a CAD 11.4 billion legal industry and a 70% reduction in arrests, while Uruguay through Ley No. 19.172 applies a state monopoly with an 85% reduction in arrests without an increase in problematic use; (3) fundamental differences in legal systems, political systems, socio-cultural backgrounds, religion, and narcotics policy philosophy mean that the Canadian and Uruguayan models are not relevant to be directly applied in the Indonesian criminal law system.

Laurensius Ryan Prasetia Tungary S

Lembaga Pengembangan Kinerja Dosen 2026 Lembaga Pengembangan Kinerja Dosen

This research analyzes the interconnection between energy geopolitics and global security through the case study of Venezuela, the country with the world's largest proven oil reserves. The background highlights that energy has become a strategic commodity driving geopolitical tensions in the international system. The objective is to answer three fundamental questions: why energy is critically needed, how the distribution of the world's oil reserves creates strategic inequality, and how the Venezuela case illustrates resource grabbing mechanisms. The method used is qualitative with a single case study approach, employing neorealism and dependency theory as analytical frameworks, with data sourced from official reports of international organizations (OPEC, IEA, IMF, EIA), news media, and academic literature. The findings reveal that the United States' escalating pressure on Venezuela from economic sanctions, maritime blockades, to military threats reflects a systematic pattern of resource imperialism disguised as counter-narcotics efforts. The impact on Venezuela includes GDP contraction of 4 percent, hyperinflation exceeding 530 percent, and 8 million people displaced. The implications underscore that the current global energy order remains dominated by zero-sum logic, requiring reform of international energy governance to be more just and sustainable.

Iwan Setyawan; Nita Octavia Kawi; Jelita Jelita

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze the factors causing children to become involved in narcotics abuse, the judges’ considerations in delivering verdicts, and the conformity of such decisions with applicable legal provisions. This research employs a normative juridical method with a descriptive-analytical approach, based on literature review and analysis of Decision Number 3/Pid.Sus-Anak/2021/PN Bnt. The results indicate that children’s involvement in narcotics-related crimes is influenced by multidimensional factors, namely economic, environmental, and legal factors. Economic factors include family financial pressure; environmental factors involve peer influence and lack of parental supervision; while legal factors relate to limited understanding of legal consequences. Judges’ considerations in rendering decisions are not only based on juridical aspects but also take into account the social and psychological conditions of the child. However, the imposition of imprisonment is considered not fully aligned with the principles of restorative justice and child protection. Therefore, it is necessary to optimize the implementation of diversion and non-penal approaches in the juvenile justice system.  

Denada Chalimy Pramesti; Abd. Wachid Habibullah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This research analyzes the application of the equality before the law principle in handling narcotics cases by the Legal Aid Institute (LBH) Legundi Surabaya. The principle of equality before the law is a fundamental principle guaranteed in Article 27 paragraph (1) of the 1945 Constitution, yet its implementation in narcotics law enforcement still faces various challenges. This study employs a normative juridical method with a qualitative approach to examine LBH Legundi's strategies in ensuring clients fully obtain their constitutional rights. The findings reveal that although LBH Legundi has implemented various strategies such as detailed examination of arrest procedures, optimization of legal instruments, and efforts for detention suspension, the application of the equality before the law principle remains hindered by several factors. The main challenges include strong social stigma against narcotics offenders, limited resources of legal aid institutions, disparities in judicial decisions, structural barriers in accessing justice, weak supervision systems, minimal systemic support from the state, and a law enforcement mindset that remains punitive rather than rehabilitative. This condition creates a significant gap between suspects from economically disadvantaged backgrounds and those from affluent backgrounds, which contradicts the spirit of substantive justice. The study concludes that realizing the principle of equality before the law requires comprehensive reform touching structural, cultural, and systemic aspects of Indonesia's criminal justice system.  

Radhika Narwastu; Hilma Harmen

Jurnal Pengabdian dan Kemitraan Masyarakat (ALKHIDMAH) 2026 LP3M INSTITUT KH YAZID KARIMULLAH

This study aims to analyze the influence of Human Capital and Work Discipline on Employee Performance at the National Narcotics Board of North Sumatra Province (BNNP Sumut) for the 2019–2024 period. The method employed is explanatory quantitative, with a sample of 54 respondents (organic civil servants). Data were collected through Likert scale questionnaires and analyzed using multiple linear regression via SPSS. The t-test results indicate that Human Capital has a positive and significant effect on performance (t-count 3.991 > 1.984; sig 0.000), while Work Discipline has a positive but non-significant effect. Simultaneously (F-test), both variables significantly influence performance (F-count 10.798 > 3.18; sig 0.000). An R-Square value of 0.297 indicates that Human Capital and Work Discipline contribute 29.7% to employee performance, while the remaining 70.3% is influenced by other factors outside this study.

Kusmawati Tamelab; Simpexius Asa; Karolus Kopong Medan

Student Research Journal 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study examines the effectiveness of rehabilitation programs for drug addicts who repeatedly abuse narcotics at Badan Narkotika Nasional Kota Kupang. The research was motivated by the increasing complexity of drug abuse and the recurrence of abuse (relapse) among former addicts after rehabilitation. This research aims to analyze the implementation of rehabilitation programs and identify the supporting and inhibiting factors affecting rehabilitation effectiveness. The study employed empirical legal research with a socio-legal approach. Primary data were obtained through interviews and field observations, while secondary data were collected through the study of legislation, books, journals, and related legal documents. Data were analyzed qualitatively using the theories of legal implementation, legal effectiveness, and legal utility. The findings indicate that rehabilitation programs were implemented through assessment, medical rehabilitation, social rehabilitation, and post-rehabilitation stages. During the 2021–2025 period, 25 rehabilitation clients were recorded, with two relapse cases identified, consisting of one moderate relapse case in 2021 and one mild relapse case in 2024. The effectiveness level of the rehabilitation program ranged between 70% and 80%. Supporting factors included legal frameworks, interinstitutional cooperation, family support, and community-based rehabilitation services. Meanwhile, inhibiting factors involved limited professional human resources, inadequate facilities, budget constraints, social stigma, and environmental influences that triggered relapse. The study concludes that rehabilitation for repeat drug abusers in Kupang has been relatively effective; however, institutional strengthening, improvement of rehabilitation facilities, and community participation remain necessary to optimize rehabilitation outcomes.

Cempaka Arumsari

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Narcotics abuse is no longer considered a victimless crime, but rather an offense that claims numerous victims and inflicts a prolonged catastrophe upon humanity. Furthermore, an emerging challenge is narcotics cases committed by recidivists, namely individuals who re-offend after having been previously convicted and sentenced. Recidivist status raises juridical issues, as it constitutes grounds for the aggravation of criminal penalties. The objective is to ensure that the imposition of criminal sentences effectively provides a deterrent effect and precludes the offender from repeating the same criminal offense. The existence of narcotics abuser recidivists also creates a distinct dilemma for Law Enforcement Officials. Judges are mandated to impose fair and proportionate sentences in accordance with statutory regulations. The recidivist status of a narcotics abuser frequently serves as a justification for Law Enforcement Officials to bypass the integrated assessment required for rehabilitation. This research utilizes a normative legal research method, employing statutory and conceptual approaches. The legal materials used consist of primary legal materials, taking the form of statutory regulations and court decisions, as well as secondary legal materials, comprising legal books and journals, which are analyzed using a descriptive-analytical method. The research findings indicate that recidivists may obtain rehabilitation even in the absence of an assessment. This research concludes that the objectives of sentencing, in addition to providing a deterrent effect, aim to cure or at least restore the offender's condition through rehabilitation; however, guidelines or jurisprudence are required to ensure legal certainty and consistency of application in the future.

Sudarmono Sudarmono; Jerry Jerry

Coram Mundo : Jurnal Teologi dan Pendidikan Agama Kristen 2026 Sekolah Tinggi Teologi Injili Arastamar (SETIA) Ngabang

Counseling etymologically derives from the noun counsel, which originates from the Latin consilium, rooted in consilere, meaning “to consult,” or to seek the views and advice of others as guidance for consideration and decision-making. As a verb, to counsel or counseling refers to the act of providing advice, guidance, warnings, encouragement, and instruction aimed at fostering self-surrender in addressing problems and managing negative behaviors among students. Educational guidance and counseling aim to strengthen Christian students to live victoriously in the Lord Jesus Christ by bringing them to an understanding of the light of God’s Word and the acceptance of themselves as God’s grace. This Classroom Action Research was conducted to address and resolve the problems of Christian students based on the research formulation, particularly through the application of intellectual, moral, and social approaches as strategic steps to enhance educational counseling services. The study employed a qualitative approach, with data collected through in-depth interviews and field notes. Data analysis was carried out by categorizing findings to generate emerging themes. In-depth interviews and focus group discussions were conducted with three teacher participants and two student participants. The findings revealed that several students required special attention due to tendencies toward delinquent behavior, while one case indicated a student’s involvement in narcotics. These findings demonstrate that student-related issues require special intervention efforts to improve their spiritual and mental well-being, leading them to a deeper knowledge of the Lord Jesus Christ as their personal Savior. The ultimate goal is the salvation of students’ souls and the glorification of the name of the Lord Jesus Christ.

Panji Lanjuardi; Bahrul Ulu; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the normative construction and practical implementation of criminal sanctions against narcotics abusers from the perspectives of Islamic criminal law and Indonesian positive law, as well as to formulate an integrative policy model that is more just, humane, and context-sensitive in Bungo Regency. Narcotics abuse constitutes a multidimensional problem involving legal, social, moral, and public health dimensions. Therefore, a comprehensive approach is required to integrate the normative values of Islamic criminal law with the national legal system. This research employs a normative-empirical approach using comparative legal analysis, examining statutory regulations, doctrines of Islamic criminal law, and law enforcement practices at the local level. The findings indicate that Islamic criminal law frames narcotics abuse within the protection of maqāṣid al-sharī‘ah, particularly the preservation of intellect (ḥifẓ al-‘aql) and life (ḥifẓ al-nafs), thereby emphasizing not only punitive but also educational and rehabilitative orientations through the instrument of ta‘zīr. Meanwhile, Indonesian positive law, particularly Law No. 35 of 2009 on Narcotics, provides legal space for rehabilitation; however, its implementation still encounters structural and cultural challenges. This study concludes that integrating Islamic criminal law principles with the national legal framework may produce a more responsive sentencing model that upholds substantive justice, human rights protection, and effective narcotics control. Policy reformulation grounded in religious values, restorative approaches, and social rehabilitation is recommended as a strategic direction for national criminal law reform.

Mhd. Ihwanuddin Hasibuan; Helviana Hasibuan; Yasmirah Mandasari Saragih

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

Drug abuse in Indonesia has reached an alarming level and has become a complex legal and health problem. This study aims to examine the criminal law policy applied to drug abusers from a health perspective, with a focus on the rehabilitative approach as an alternative to punishment. The method used is normative legal research with a statute approach and a conceptual approach, through a literature study of laws and regulations, court decisions, and relevant scientific literature. The results of the study indicate that Law Number 35 of 2009 concerning Narcotics contains a dualistic approach, namely punishment (penal) and rehabilitation (non-penal), but its implementation still tends towards imprisonment. From a health perspective, drug abuse is an addictive disorder that requires a medical and psychosocial approach, not solely a criminal repressive approach. An ideal criminal law policy should combine proportional criminal sanctions with a comprehensive medical and social rehabilitation program. This study recommends policy reforms that are more oriented towards the health recovery of drug abusers without neglecting the aspect of law enforcement against drug dealers and traffickers.

Harianto Sitepu; Risnita Risnita; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Drug misuse continues to be a complicated social and legal issue that has an impact on societal stability, public health, and personal wellbeing. Many criminal justice systems have moved away from punitive tactics in favor of rehabilitation-focused ones in recent years, especially for drug users who are frequently viewed as sufferers of addiction rather than serious criminals. The National Narcotics Agency (BNN) in Indonesia is implementing rehabilitation programs and restorative justice processes as a result of this change. This study investigates the efficacy of restorative justice in drug rehabilitation at Jambi Province's National Narcotics Agency and evaluates its applicability from the standpoint of Islamic law, specifically the framework of maqāṣid al-sharīʿah. The study uses a case study design and a qualitative methodology. Participant observation, document analysis, and in-depth interviews with BNN officials, rehabilitation counselors, medical staff, and ex-drug users were used to gather data. The results show that an integrated evaluation system that assesses drug users' physical, psychological, and social states in order to determine their eligibility for recovery is used to institutionally apply restorative justice principles. Combining medical care, psychological counseling, and social reintegration programs, the rehabilitation programs greatly aid in participants' recuperation, enhance psychological stability, and fortify familial ties. Additionally, by promoting individual responsibility, family support, and community involvement, restorative justice-based rehabilitation lowers the risk of recidivism. From the standpoint of Islamic legal philosophy, these actions are consistent with the goals of maqāṣid al-sharīʿah, specifically the defense of human dignity, life (ḥifḍ al-nafs), and intellect (ḥifḍ al-ʿaql). According to the study's findings, restorative justice-based rehabilitation is a compassionate and successful method of treating drug dependency while encouraging social reintegration and long-term recovery.

Rani Aulia; Orin Gusta Andini; Sulung Nugroho

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze the implementation of rehabilitation at the investigation stage for drug abuse cases and the integrated assessment mechanism in influencing decisions to continue or terminate legal proceedings against drug users in Samarinda City. Drug abuse remains a serious issue in Indonesia, with more than 60% of inmates in correctional institutions being convicted of narcotics-related crimes. This condition indicates that conventional punitive approaches have not been effective in reducing drug abuse; therefore, the application of rehabilitative legal policies, as stipulated in Law Number 35 of 2009 on Narcotics and Supreme Court Circular Letter (SEMA) Number 04 of 2010, is necessary. This research employs a socio-legal research method with a qualitative approach, conducted through in-depth interviews with investigators at the Samarinda City Police (Polresta Samarinda) and officers at the National Narcotics Agency (BNN) of Samarinda, as well as a literature review of relevant laws and legal materials. The findings reveal that the implementation of rehabilitation at the investigation stage in Samarinda City has not been fully effective, due to limited resources, lack of inter-agency coordination, and the persistence of a repressive paradigm in handling narcotics cases.

Venthy Angelika; Angriyani, Dwi; Howay, Lusye; Puspita Sari, Inda

Jurnal Pengabdian Masyarakat Nusantara (Pengabmas Nusantara) 2026 Universitas Muhammadiyah Manado

Drug abuse among adolescents has been increasing, including among youth in Papua. According to data from the National Narcotics Agency (BNN) of Papua Province, there was a 1.73% increase in 2023. One of the contributing factors to adolescent involvement in drug abuse is low self-control. This study aimed to provide self-control training to help prevent drug abuse among adolescents independently. The program involved 37 vocational high school students in Jayapura City and employed a one-group pretest–posttest experimental design without a control group. The intervention consisted of self-control training delivered through lectures, discussions, and a structured learning module. The results indicated a significant improvement in self-control before and after the intervention, as evidenced by a significance value of 0.000 (p < 0.05) using a paired sample t-test, with an increase in the mean pre-test score (M = 46; SD = 7) to the mean post-test score (M = 48; SD = 6). These findings suggest that students of SMK Negeri 9 Jayapura experienced an improvement in self-control after participating in the training. Practically, this study demonstrates that self-control training can serve as an effective psychological intervention to address drug abuse and harmful substance use among adolescents. This intervention not only helps reduce addictive behaviors but also has the potential to enhance students’ quality of life and academic achievement.

Dasep Nurdin; Ahmad Syukri; Yuliatin Yuliatin; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

For criminal justice systems, the growing number of young people involved in drug-related crimes is a serious problem, especially when it comes to striking a balance between law enforcement and child protection and rehabilitation. By contrasting viewpoints from Islamic law and Indonesian positive law, this study investigates the use of restorative justice in the processing of adolescent drug cases in Tanjung Jabung Barat Regency, Jambi. The study used a qualitative socio-legal methodology that integrates normative legal analysis with empirical field data gathered via observations, interviews, and document analysis involving law enforcement personnel, rehabilitation facilities, families, and community people. The results show that diversionary measures required by Law No. 11 of 2012 regulating the Juvenile Criminal Justice System are the main means by which restorative justice is applied in juvenile drug cases. In order to guarantee that children are not subjected to punitive detention but rather have options for recovery and social reintegration, these systems prioritize mediation, rehabilitation, and community involvement. From the standpoint of Islamic law, restorative justice is consistent with fundamental tenets like tawbah (repentance), islah (reconciliation), and the protection of human welfare, all of which place an emphasis on moral reform and the preservation of children's dignity. These ideas support the adoption of restorative measures in the resolution of adolescent drug offenses in Tanjung Jabung Barat, a sociocultural setting where Malay-Islamic beliefs have a significant impact on community life. The report does, however, also point out a number of difficulties, such as the lack of rehabilitation facilities, the societal stigma associated with juvenile offenders, and the inconsistent use of diversion by law enforcement. The study comes to the conclusion that a framework for handling juvenile drug cases that prioritizes the rehabilitation and future well-being of children is both culturally sensitive and legally sound when restorative justice ideas are integrated with Islamic legal values and Indonesian statutory law.

Yulizar Yulizar; Mohd. Din; Adwani Adwani

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The circulation of narcotics as a serious crime in Indonesia faces the reality that some types of narcotics have medical benefits when used in limited quantities and under strict supervision, while cannabis plants remain classified as Class I Narcotics in Law No. 35 of 2009 concerning Narcotics, thereby prohibiting their use in health services. This situation raises legal issues regarding the basis for classification, legal qualifications, and the possibility of updating norms so that cannabis can be used for medical purposes. This study aims to analyze the historical and legal basis for the classification of cannabis, its qualification in the national legal system, and to formulate a normative regulatory concept that allows its use for health services. The method used is normative legal research with a historical and comparative approach, through a literature study of primary and secondary legal materials, which are analyzed descriptively and qualitatively. The results of the study show that the classification of cannabis is rooted in international commitments through the 1961 Single Convention on Narcotic Drugs, which was later ratified and adopted into national law, so that legally cannabis is only permitted for research purposes. however, considering the development of science and practice in various countries, it is necessary to update the norms through the formation of a Ministerial Regulation as mandated by Article 6 paragraph (3) of the Narcotics Law as a limited and controlled first step to open up the use of cannabis in health services without neglecting the principle of preventing abuse.

Asa Maghriza; Marwan Suliandi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study analyzes the juridical issues related to the implementation of criminal sanctions below the statutory minimum, as reflected in Cassation Decision Number 7853/K/Pid.Sus/2024. The focus of this research centers on the tension between the rigid provisions of Article 111 paragraph (1) of Law No. 35 of 2009 concerning narcotics and the reality of judicial practice, which often deviates from these provisions. This phenomenon raises debates regarding the extent to which the principle of legality can be compromised in pursuit of justice without undermining the pillar of legal certainty within Indonesia’s criminal justice system. Using a normative legal research method with a statutory and case study approach, this study qualitatively analyzes judges’ considerations. The findings indicate that, although the policy of imposing sentences below the minimum carries the risk of creating legal uncertainty, the Supreme Court in this case reinterpreted the principle of legality. Judges tend to prioritize proportionality and substantive justice to avoid purely mechanical punishment. The study concludes that, while judicial discretion represents a concrete expression of judicial independence, such practice requires clearer normative parameters. Without explicit regulation, deviations from the statutory minimum risk widening disparities in judicial decisions. Therefore, standardized sentencing guidelines are necessary to preserve legal integrity while maintaining a sense of justice for defendants.