Application of the Theory of Negatief Wettelijke for Narcotics Offenders in Narcotics Crimes from A Human Rights Perspective

Abstract

This research discusses the application of the theory of negatief wettelijke by judges in narcotics-related criminal cases, with a focus on the protection of Human Rights (HR). The research adopts a normative juridical approach, which is a legal research method that examines written law from various perspectives. This approach analyzes legal issues based on normative rules in relation to the existing societal context. The study looks at cases in society involving narcotics offenses, in connection with Law Number 35 of 2009 on Narcotics, as well as the Criminal Procedure Code (KUHAP) within the criminal justice system in Indonesia. The application of the theory of negatief wettelijke in narcotics offenses, as implemented by judges in the Indonesian criminal justice system, is reflected in several narcotics cases. In these cases, judges, when deciding narcotics-related criminal matters, do not solely rely on the evidence presented in court but also apply their personal convictions after considering the facts revealed during the trial process. As a result, judges also take into account the protection of Human Rights (HR) for the defendant in narcotics criminal cases when delivering their verdicts.