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A Legal Analysis Of Indonesia’s Criminal Law On Police Officers Involved In Narcotics Abuse




Muliadi Anwar, Universitas Islam Sultan Agung, Indonesia

Gunarto, Universitas Islam Sultan Agung- Indonesia

Muhammad Dias Saktiawan, Universitas Islam Sultan Agung- Indonesia

Ahmed Kheir Osman, Somali National University-Somalia


ABSTRACT


Drug-related crimes in Indonesia have escalated into a national crisis, affecting not only civilians but also members of the Indonesian National Police (Polri) the institution responsible for enforcing the law. The involvement of police officers in narcotics abuse exposes serious flaws within the criminal justice system, including inconsistent enforcement, selective punishment, and the absence of justice-based principles. These shortcomings have eroded public trust and underscored the urgent need for legal and institutional reform. This study examines the criminal law framework governing police officers implicated in narcotics offenses, assessing whether current legal provisions ensure fairness, equality, and accountability. Using a qualitative normative legal method, it analyzes key statutes Law No. 35 of 2009 on Narcotics, Law No. 2 of 2002 on the Indonesian National Police, Government Regulation No. 2 of 2003, and Police Regulation No. 14 of 2011 alongside judicial circulars such as SEMA No. 4 of 2010. Findings reveal that existing criminal and disciplinary mechanisms fail to achieve substantive justice in narcotics cases involving police officers. Internal disciplinary measures often supersede criminal prosecution, leading to unequal legal treatment between officers and civilians. Moreover, the lack of an integrated rehabilitation policy, coupled with weak oversight and corruption, limits the system’s restorative potential. The study recommends harmonizing narcotics and police laws, reinforcing ethics education, institutionalizing rehabilitation programs, and ensuring transparent accountability through civilian oversight. A justice-based, reform-oriented approach is essential to restore integrity, uphold equality before the law, and rebuild public trust in Indonesia’s law enforcement system.


Keywords: Narcotics, abuse, police, accountability, criminal law reform, Indonesia.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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