Criminal Liability For Class I Narcotics Distributors In Law Number 1 Of 2023 Concerning The Criminal Code

Abstract

Article 610 paragraph 1 of Law Number 1 of 2023 concerning the Criminal Code regulates the criminal liability of class I narcotics dealers. There is a difference in the regulation of life imprisonment compared to the provisions of Article 114 paragraph 1 of Law Number 35 of 2009 concerning Narcotics. There is no norm of life imprisonment for class I narcotics dealers in Law Number 1 of 2023 concerning the Criminal Code, which has an impact on law enforcement of narcotics abuse. The results of the study show that the prison sentence in Article 610 paragraph 1 of Law Number 1 of 2023 is lighter than the provisions in Article 114 paragraph 1 of Law Number 35 of 2009, especially for Class I Narcotics. The existence of a prison sentence in Article 610 paragraph 1 of Law Number 1 of 2023 should be heavier than Article 114 paragraph 1 of Law Number 35 of 2009, this is because the existence of Law Number 1 of 2023 as lex specialis of all national criminal law policies, compared to the previous provisions in Law Number 35 of 2009. The suggestion put forward is that lawmakers need to make changes to Law Number 1 of 2023. The revision in question is specifically for the norm of Article 610 paragraph 1 of Law Number 1 of 2023, especially the prison sentence for class I narcotics dealers, which currently does not include life imprisonment.