Narcotics Law Research Articles

Legal Reconstruction of Narcotics Abuser Based on the Value of Benefit

The purposes of this study are to analyze and find the weaknesses of the Law on Narcotics Abuser in Indonesia Currently and How is the Reconstruction of the Law on Narcotics Abuser based on Benefit Value in a research that uses an Normative-juridical approach where The data collection method used is sourced from secondary data and primary data which was carried out using qualitative analysis methods. The results of the study show that the Weaknesses of the law on narcotics abuser are in the list of the grade of the narcotics contained in the narcotics law that are not up to date as some of the narcotics in the list have been removed in various countries such as Cannabis. This problem not only causes Cannabis Abuser Prisoned although their position should be as “victim” but also one of the factors that causes Overcrowding in Prison in Indonesia. The reconstruction as intended by the author are not in the form of substantial law reconstruction but rather a structural law reconstruction where the Narcotics Law Article 8 (2) which states that In limited quantities, Narcotics Category I can be used for scientific development purposes knowledge and technology and for diagnostic reagents, as well as laboratory reagents after obtaining Minister's approval on the recommendation of the Head of the Agency Food and Drug Supervisor need to be upheld higher and if necessary to add an extra paragraph in the law to appoint the ministry of health together with National Narcotics Bodies to create a Joint Research Bodies that are obliged to conduct research related to the use of narcotics. By using this approach, not only the law’s narcotics list of grade can be justified and are up to date, the overcrowding problem in the prison can be minimized.

PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA SECARA BERSAMA UNTUK DIRI SENDIRI

The large number of narcotics abusers are imprisoned, causing prisons to become overcapacity. In addition, narcotics abusers should receive rehabilitation sentences because it is stated in the Narcotics Law, such as the case of Muhammad Wahyudi, who was legally guilty of committing Narcotics Abuse in Group I for himself. The research study is based on court decision number: 50/ Pid. Sus/2021/PN. Ktb. The research’s problems: are the actions of the defendant in Court Decision number: 50/Pid.Sus/2021/PN.Ktb in accordance with the provisions of the applicable laws? The research conducted in normative and descriptive analytical legal research, the data and the data sources used in this research are statutory regulations, jurisprudence and legal doctrines that relevant to the case. The data are analyzed qualitatively and the conclusions are drawn using deductive understanding method. The conclusion from this research is that the abusers must receive punishment in the form of rehabilitation, not imprisonment, because it is guaranteed by the narcotics law and the judges must consider and pay attention to the authority and the obligations of the judge regulated in the narcotics law which are mandatory to provide rehabilitation.

PUTUSAN ULTRA PETITA DALAM TINDAK PIDANA NARKOTIKA BERDASARKAN UNDANG-UNDANG NARKOTIKA

The case that occurred on February 1st, 2019 involved a sale and purchase transaction of methamphetamine by Boiy Sairy alias Busairi Bin Tomin. The decision from the Panel of Judges of Situbondo District Court is different from the article charged by the public prosecutor in a single indictment. The defendant was charged with Article 112 of the Narcotics Law, while the judges gives a decision under Article 127 of the Narcotics Law. This research is normative and descriptive analytical legal research, using secondary data obtain through litearure studies and interviews. The data is analyzed qualitatively and conclusions are drawn using deductive understanding. The conclusion of the research is that the Judges use Article 127 while in the indictment and the facts of the trial and the jurisprudence of the Supreme Court Decision No. 675 K/Pid/1987, the Defendant BS was proven to have abused Narcotics so that the Judge imposed a criminal sentence and this decision has permanent legal force so that it is valid in the eyes of the law.

Taking the cat-and-mouse game to the next level: different perspectives on the introduction of the German New Psychoactive Substances Act

BackgroundTo counteract the spread of new psychoactive substances (NPS) and to prevent the emergence of novel substances, specifically designed as a response to the legal control of individual substances, a new law was introduced in Germany in 2016: the New Psychoactive Substances Act (NpSG). The NpSG combines a generic approach with the waiver of criminal liability for the acquisition and possession of NPS for personal use, which is a novelty in German narcotics law. The present study aimed at exploring the impact of the introduction of the NpSG from three different perspectives—NPS users, staff of addiction care facilities, and members of law enforcement authorities—to better understand the dynamics surrounding such a change in legislation and to contribute to the body of international experience in dealing with NPS.MethodsSemi-structured narrative interviews were conducted with a total of 193 representatives of the three different groups affected by the law. These interviews included questions on perceived changes associated with the introduction of the NpSG as well as questions on opinions regarding legal and criminal policy issues. The analysis was carried out using qualitative content analysis according to Mayring.ResultsMost interviewees welcomed the non-criminalisation approach of the NpSG but also noticed that, in practice, not much has changed for users. Nevertheless, the changes in legislation have had an impact on the market. For example, novel substances have emerged circumventing the new legislation. According to users, this has led some to reduce NPS use and others to adopt more hazardous consumption patterns. Overall, most respondents did not expect the introduction of the NpSG to bring any significant changes.ConclusionsAlthough the idea of non-criminalisation inherent to the NpSG is appreciated and the generic approach has been well implemented in the law, thus covering a wide range of substances, the introduction of the law—perhaps for that very reason—has also had unintended and negative consequences, taking the cat-and-mouse game to the next level. To end the game, or at least to defuse the game situation, a combination of different strategies will be necessary, with legislation always playing a key role.

Vagueness in Law 35 of 2009 Regarding Narcotics Abuse That Makes Overcapacity Prisons

Regulations on narcotics crimes themselves have been regulated in the Narcotics Law number 35 of 2009 but still the number of narcotics abuse in Indonesia continues to increase. Although there are regulations that regulate the prohibition of drug abuse, the author is interested in researching the number of users who are sentenced to prison terms, why is rehabilitation not carried out, but more are sentenced to prison. There are several articles in the law, there is a vagueness that can be interpreted as a vagueness of different interpretations from law enforcers who have the power to impose punishment on law breakers, with the existence of this vagueness, the giving of the law is different even though in the case of which have the same resemblance. The research uses normative legal research methods. In the technique of collecting data in solving this problem, it is carried out using library research techniques, which are then analyzed qualitatively. With the form of the sound of the articles in the Narcotics Law, it can have an impact that can have a full or overcrowded impact, which is the current condition in prisons and detention centers, and results in the implementation of coaching not going well. With the updated legal form, it will provide a parser from the complexities of enforcement and enforcement of narcotics abusers.

Pertimbangan Hakim Menjatuhkan Hukuman Pidana Bersyarat terhadap Pelaku Tindak Pidana Narkotika

Abstract One of the goals of criminal law is as a social institution that includes several things, namely as part of a social reaction when there is a violation of applicable norms. When the judge's decision by imposing a conditional criminal sentence on narcotics, it often invites debate and dissatisfaction from various parties. The problem of this journal is what is the basis for the judge's consideration of imposing a conditional criminal sentence and what are the inhibiting factors for the application of the judge's decision. This research is an empirical legal research that prioritizes field data using the analytical descriptive specification method. The results of the study that the judge's consideration of imposing a conditional sentence in a narcotics crime case at the Palembang Class IA District Court was based on juridical considerations (legal certainty), namely Article 14a to Article 14f of the Criminal Code, Article 127 paragraph (1) letter c of the Narcotics Law and sociological considerations and philosophical considerations. The inhibiting factors for applying conditional criminal penalties at the Class IA Palembang District Court are the law factor, law enforcement officers, infrastructure, and the cultural factor of the community itself.

RESTORATIVE ASSESSMENT BASED ON THE RESULTS OF INTEGRATED ASSESSMENT PROSECUTION OF RESTORATIVE JUSTICE ABUSE

Narcotics Law has ensure rehabilitation medical and social for abuser narcotics. However on level enforcement law , rehabilitation abuser narcotics no as well as immediately done, abuser narcotics must go through the appraisal process more first . In system Justice criminal , stage prosecution hold strategic role. With Thus it is also important to know the appraisal process for abuser narcotics on Step prosecution, because of that, article this will analyze problem in the assessment process addict narcotics on Step prosecution and how optimizing restorative justice in prosecution user narcotics based on recommendation assessment integrate? For answer problem the used method study normative empirical descriptive and qualitative. Research results show that on Step prosecution, there is a number of problem in the assessment process for abuser narcotics, Difference view enforcement law dominate problem this. Settings evaluation integrated have factor strength binding, means, and weak infrastructure, and culture law Public no understand benefit evaluation and more choose criminal prison for abuser narcotics, one approach potential for complete problem this is justice restorative. In Thing this the application of restorative justice is optimized with socialization and education about evaluation user drugs, increase coordination enforcement law, raising funds for implementation assessment, and enhancement facility and facility evaluation user drugs.

Weighing of the criminalization of cannabis in Indonesia narcotic law with international human rights law perspective

The criminalization of the use of cannabis also leads to the limitation of access to medicine and research to explore the benefit of drug choices related to cannabis substances. this article explores the negative consequences of Indonesian criminalization policy towards cannabis use in Indonesian drug law against human rights and to what extent the human rights regime should prevail over the war on drug narrative. The research uses the qualitative method with library research, laws and statutes analyses on cannabis personal use or policy on medical cannabis.

Policy on Criminal Law Enforcement Against Illegular Drugs Syndicate Performers What Members of the Police of the Republic of Indonesia Done

Every member of the National Police should ideally be a law enforcement officer who carries out maintaining public security and order, enforcing the law, and providing protection, shelter, and service to the community. In fact, there are members of the National Police who are part of a syndicate of narcotics traffickers. Therefore, the criminal law enforcement policies are implemented against the perpetrators. The problem of this research is how the policy of criminal law enforcement against drug dealer syndicates is carried out by members of the National Police and what are the legal consequences for the perpetrators of illicit drug trafficking syndicates carried out by members of the Indonesian National Police. This study uses a normative juridical approach based on secondary data which was analyzed qualitatively. The results of this study indicate that the policy of law enforcement against the perpetrators of drug trafficking syndicates carried out by members of the National Police through the means of criminal law is the settlement of cases using general criminal procedure law through the general court. The legal instrument used is Law Number 35 of 2009 concerning Narcotics. In addition, law enforcement against perpetrators of drug trafficking syndicates carried out by members of the National Police is also carried out using the enforcement of the Police Code of Ethics through the Police Code of Ethics trial. The legal consequences for perpetrators of illicit drug trafficking syndicates carried out by members of the Indonesian National Police are that the perpetrators will be faced with two legal instruments at once, namely general criminal justice in accordance with the provisions of the criminal procedure law and can be sentenced to criminal penalties in accordance with the article of the Narcotics Law that is violated and enforcement the law through an ethics trial by the internal police, with the most severe sanctions against the perpetrators being subject to ethical sanctions in the form of dishonorable dismissal as members of the police.

Policy For Formulation Of Criminal Sanctions Against Narcotics Criminal Offenders

In essence, narcotics are substances both natural and synthetic, namely narcotics, psychotropics and other addictive substances. If they enter the human body without following health regulations, they have an effect on the brain in the central structure and if misused, it is against legal provisions. Narcotics were first made by the British and then spread to mainland Asia, from China, Hong Kong, Japan to Indonesia.Examined from the optics of material criminal law, the Narcotics Law has several systems for formulating criminal sanctions (strafsoort) and several systems for formulating the duration of criminal witnesses (strafmaat). The system for formulating the length of criminal sanctions (strafmaat) is a fixed/definite sentence system in the form of a definite criminal threat, an indefinite sentence system in the form of a threat of a maximum length of sentence, then a determinate sentence system in the form of determining the minimum and maximum limits for the duration of a criminal threat and an indeterminate sentence system in the form of no the maximum criminal limit is determined. The law-making body completely delegates criminal policy (discretion) to criminal implementing officials at a lower level, for example in determining the size, nature or duration of punishment for perpetrators of certain crimes. The formulation system is indeterminate, determinate, presumptive and mandatory. Basically, according to criminal law science, there are several types of systems for formulating criminal sanctions (strafsoort), namely single/imperative formulation systems, alternative formulation systems, cumulative formulation systems, cumulative-alternative (mixed/combined) formulation systems and blind/blanch formulation systems. . Likewise, only for the system of formulating the length of criminal sanctions (strafmaat), there is a definite sentence system in the form of a threat of a definite length of sentence, a fixed/indefinite sentence system or maximum system, namely a threat of a maximum length of sentence, then a determinate sentence system in the form of a specified minimum limit and maximum criminal threat and indeterminate sentence system in the form of no specified maximum criminal limit, the law-making body gives full responsibility to criminal policy (decretion) to criminal implementing officials at lower levels, for example in determining the size, nature or duration of punishment for perpetrators certain crimes.

Termination of Criminal Prosecution followed by the Imposition of Duties and Regulations on the Accused as an Alternative Way to Resolve a Criminal Law Conflict in the German Criminal Procedure

Given the Russian tendency to expand the scope of non-rehabilitating grounds for termination of criminal prosecution/case, the paper examines the legal regulation and law enforcement practice of termination of criminal prosecution with the imposition of various duties and regulations to the accused as one of the alternative ways to resolve a criminal conflict within the framework of the German criminal procedure. The German criminal procedure has a lot in common with the Russian one; both are formed on the principle of lawfulness, or legality. At present, both Russian and German legislators are looking for alternative ways, in addition to procedural coercion or the threat of its use, to resolve the conflict in the process, which contribute to the humanization of criminal legislation, reducing the number of convicts, procedural economy. One of such alternatives in the German criminal procedure is the termination of criminal prosecution followed by the imposition of duties and regulations on the accused. The possibility of termination of criminal prosecution on this basis is provided not only in the Criminal Procedure Code of the Federal Republic of Germany, but also in various sectoral laws, for example, the German Narcotics Law, the German Youth Court Law. An analysis of the statistical data of the Federal Statistical Office in Germany from 2016 to 2020 on the termination of criminal prosecution followed by the imposition of certain duties and regulations to the accused shows the priorities of the German law enforcement officer in terms of choosing individual duties assigned to the accused and, if properly performed, entailing the termination of criminal prosecution. Despite the wide choice of duties and regulations, the law enforcement officer mainly uses the few duties imposed on the accused in order to terminate criminal prosecution. However, the very possibility of a wide choice of potentially possible duties and regulations indicates an individualized approach to the participants of the criminal law conflict in the German criminal procedure, which makes it possible to take into account the interests of all parties to the conflict.

Kedudukan Hukum Sema No. 3/2015 terhadap Putusan UU No. 35/2009 Tentang Narkotika Berdasarkan Hierarkis Perundang-Undangan di dalam Memutus Perkara Narkotika

Study on the juridical analysis of SEMA No. 3 of 2015 on the Decision of the Narcotics Law Number 35/2009 based on a hierarchical law with legal certainty is very necessary. The number of narcotics cases was decided as a crime of drug abuse, example of the decision of the narcotics case in the Lahat District Court, where the Panel of Judges sentenced based on Article 112 paragraph (1) of Law 3/2009 and the demands of the Public Prosecutor. His sentence was only ten months. far above the minimum sentence stated in Article 112 paragraph (1), which is four years according to SEMA 3/2015, where the judge may decide narcotics cases below the minimum. This violates the principle of "lex superior derogate legi inferiori", If there is a conflict between high and low laws and regulations, then the high one must take precedence. This type of research is normative, with analytical descriptive method. Research shows that SEMA is classified as a policy regulation (bleidsregel), and because it is intended specifically for court officials. The legal position of SEMA No.3/2015 on the Decision of Law No.35/2009 based on the hierarchical legislation in deciding narcotics cases deviates from the criminal rules stipulated in Law No.35/2009, and deviates from existing legal principles.

UTILIZATION OF CANANA AS A MEDICINE IN LEGAL PERSPECTIVE IN INDONESIA

AbstractThe main problem in this research is that there is a conflict in Article 7 and Article 8. Where Article 8 Prohibition of the Use of Narcotics Group 1 for the Purpose of Health Services, while in Article 7 Narcotics can be used for the benefit of health services. Articles in the Narcotics Law currently conflict with other articles, causing many interpretations and legal uncertainty in the enforcement of the use of cannabis plants as medicine in society. The Use of Cannabis as a Drug Perspective of Indonesian Criminal Law and Islamic Law. It can be concluded in the Indonesian Criminal Law research on the Use of Cannabis as a Drug, currently many articles related to Narcotics are still in conflict with other articles, causing uncertainty in the law against the use of marijuana as a drug. The state must be able to codify the Law on Narcotics, so that these articles do not conflict with other articles, and so that there are no more losses experienced by the community and the state in the war on drugs. Whereas in Islamic Criminal Law it refers to the Qur'an and Hadith as well as the ijtihad of scholars. Cannabis plants can be used as long as it is intended for medicinal purposes, and provides punishment in the form of ta'zir against all forms of abuse. Whereas in ijtihad scholars through the qiyas method which equates cannabis plants with khamr, it does not meet the qiyas element, where in equating it with khamr which is clearly different in terms of content, substance, or the resulting effect. So that qiyas equating marijuana with khamr cannot determine the prohibition of cannabis plants as medicine. Whereas in the maslahah al-mursalah method, as long as the use of marijuana as a drug is regulated in its use so that it gets benefits, the use of marijuana as a halal drug is used, because it is already a rule of use as a drug against experts.

THE LAW ENFORCEMENT AGAINST NARCOTICS CRIMINAL ACTIONS WHO SHOULD BE ON REHABILITATION

The purpose of this study was to determine and analyze the process of law enforcement for narcotics crimes and the legal basis used as a reference for rehabilitation. The approach method used in this research is a sociological juridical approach. Criminal sanctions related to the five criminal acts above also have different consequences, depending on the type of narcotic class used. Criminal provisions regarding narcotics criminals possessing, storing, controlling or providing narcotics are regulated in Article 112, Article 117, and Article 122 of Act No. 35 of 2009 concerning Narcotics. In addition to the law prohibiting possessing, storing, controlling or providing narcotics, the Narcotics Law also explicitly regulates the prohibition of producing, importing, exporting, or distributing narcotics. The prohibition is regulated in Article 113, Article 118, and Article 123 of Act No. 35 of 2009 concerning Narcotics. The results of this study indicate that the process of law enforcement against narcotics crimes is carried out through investigation, prosecution, and examination in court. While the legal basis used by judges to rehabilitate narcotics criminals is: Supreme Court Circular No. 4 of 2010 concerning Placement of Victims of Abuse and Narcotics Addicts in Medical Rehabilitation and Social Rehabilitation Institutions.

The reconstruction of rehabilitation for addictives and drug abuses in human rights perspective

Efforts to prevent, protect and save the Indonesian people from the abuse of Narcotics as intended by The Law Number 35 of 2009 concerning Narcotics are carried out through rehabilitation. The rehabilitation can release users from dependence and reduce the danger of disease for addicts and victims of abuse. The existence of rehabilitation is essentially the protection of human life and basic rights to health. It is in accordance with human values ??and legal objectives, namely to provide justice, benefit and legal certainty. These values ??are the basis for consideration that rehabilitation needs to be mandatory for addicts and victims of narcotics abusers. The overcoming narcotics crime by imposing imprisonment on addicts and victims of narcotics abuse certainly cannot break the chain of narcotics abuse. However, in practice, not all addicts and victims of narcotics abusers receive rehabilitation sanctions. The majority of the demands of the public prosecutor against the defendant are imprisonment, and only a few are demanding the imposition of rehabilitation, as well as the judge's decision. This is the evidence that the public prosecutor rarely demands rehabilitation for narcotics defendants. The existence of legal counsel and expert testimony is seen significant in influencing the judge to give a rehabilitation decision. This study will discuss on: 1) Analysis of judge's decisions for addicts and victims of narcotics abusers and 2) Reconstruction of rehabilitation arrangements in the narcotics law in the future. This research is normative juridical research examining various regulations regarding rehabilitation for addicts and victims of narcotics abusers as well as court decisions related to this problem. The legal materials used are analyzed qualitatively and presented in an analytical descriptive manner.

Harmonization of Rehabilitation Service Standards for Drug Abuse’s Addicts and Victims according to the Regulations

Narcotics addicts and victims of narcotics abuse must undergo medical and social rehabilitation, according to Article 54 of Indonesia's Narcotics Law. The government then issued a rehabilitation policy for them under the authority of three state institutions, namely the Ministry of Health, the Ministry of Social Affairs, and the National Narcotics Agency. This causes overlapping and tug-of-war among stakeholders when it comes to developing policies and implementing rehabilitation services for addicts and victims of narcotics abuse, resulting in no method that becomes a guideline for rehabilitation implementation, on the report of an Ombudsman study. The aim here is to investigate how the laws of Rehabilitation Service Standards for Addicts and Victims of Drug Abuse are harmonized. The approach used is normative juridical. According to the study's findings, the regulations are hierarchically aligned, but the implementation of each rehabilitation program has a Service Standard. There is a vertical disparity in the definitions of medical and social rehabilitation and service providers and service recipients. Horizontally, there are differences in the determination of the implementing agency, service standards such as service programs, human resources, infrastructure, and activity funding sources. As a result, medical and social rehabilitation implementation is separated, resulting in a lack of comprehensive services for service recipients.

Penerapan Asas The Binding Persuasive of Precedent Terhadap Pidana Di Bawah Ketentuan Minimum Khusus Dalam Tindak Pidana Narkotika

Narcotics crimes include crimes outside the Criminal Code which are regulated in the Narcotics Law Number 35 of 2009 and therein regulates special minimum sentence provisions. The approach used is a doctrinal approach with the aim of knowing two main points of discussion: First, the author wants to know and understand the punishment for narcotics crimes that are criminalized under a special minimum sentence. Second, the author wants to know the implementation of the binding persuasive principle of precedent in the judge's consideration in deciding narcotics crime cases under a special minimum sentence. Based on the results of the study, it can be concluded that the punishment of narcotics crimes that are sentenced under the special minimum provisions are not in accordance with the special minimum sentence provisions in the Narcotics Law, causing legal uncertainty. Then legal certainty and the principle of the binding persuasive of precedent cannot be applied because the judge uses his freedom in imposing a sentence by imposing a sentence under a special minimum provision.
 Keywords: the binding persuasive of precedent principle; judge’s consideration; minimum sentence.

Sanksi Rehabilitasi Bagi Prajurit TNI yang Menjadi Terpidana Penyalahgunaan Narkotika (Studi Kasus di Pengadilan Militer II – 08 Jakarta)

A TNI soldier is required to have good mentality, discipline, and good morals and ethics. The application of law against TNI soldiers is not only in the form of the application of military criminal law, but also criminal law outside the military criminal law, one of which is the crime of narcotics abuse. The sentencing of TNI soldiers who are convicted of narcotics abusers still refers to Law no. 35 of 2009. Almost all decisions made by military judges, especially those of military judges at the Military Court II – 08, Jakarta, related to narcotics abuse resulted in imprisonment and dismissal from military service without any rehabilitation efforts. This is of course very contrary to the legal objectives of Law no. 35 of 2009 concerning Narcotics. The method used in this study uses a normative juridical method with a statutory approach. This study found problems in imposing sanctions on military members who become narcotics abusers, where the Narcotics Law states that there are rehabilitation sanctions in addition to prison sanctions but in practice the sanctions given to military members who become narcotics abusers are only limited to prison sanctions and dismissal from military service without given a rehabilitation sanction. This shows that sanctions against narcotics abuse by members of the TNI in the Military Court II – 08, Jakarta are still in the form of retributive sanctions, namely imprisonment and dismissal from military service, as well as enforcement of rehabilitation law for TNI members who are convicted of drug abuse still not done.

The Problematics of Crimination of Self Narcotics Abusers

The problematics of crimination of self narcotics abusers in Law no. 35 of 2009 Concerning Narcotics is now an actual issue that must get a legal conclusion. The response to narcotics abuse for oneself is urgent to be interpreted in a legal framework by revealing factual and representative answers. This research is classified as normative research, the data obtained through literature study, by collecting primary, secondary, and tertiary legal materials using a statutory approach and a conceptual approach. The analysis used in the form of qualitative normative then described in descriptive analytical. The findings in this study indicate that the type of crime (strafsoort) of narcotics abusers for oneself uses a single system formulation that is absolute and imperative, so that it does not provide space for judges to impose alternative punishments other than imprisonment. The duration of the sentence (strafmaat) uses a special maximum system. The punishment for group I is four years, for group II for two years and for group III for a maximum of one year, the threat of punishment is very heavy, because self narcotics abusers should prioritize coaching over imprisonment. The imposition of a criminal (strafmodus) is only imprisonment. The absence of action sanctions shows that the Narcotics Law prioritizes providing a deterrent effect rather than providing guidance to self narcotics abuser.

Ratio legis of special minimum limit regulation in narcotics law

Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened.