Assessing Legal Certainty in The Interpretation of The Phrase "Control" in Narcotics Offenses: a Study of Decision Number 222/Pid/2011/Pt.Pdg

Menilai Kepastian Hukum dalam Interpretasi Frasa “Menguasai” pada Tindak Pidana Narkotika: Studi Kasus Putusan Nomor 222/Pid/2011/Pt.Pdg

Abstract

This study aims to identify and analyze the legal uncertainty arising from the application of Article 112, paragraph (1), of Law Number 35 of 2009 concerning Narcotics, and to examine the factors contributing to this uncertainty in its interpretation and application. This study employs a normative legal method using statute and case approaches. The results of this study indicate that the element of "to possess" in Article 112 paragraph (1) of Law Number 35 of 2009 constitutes a vague norm and contains serious potential for legal uncertainty in its application to Decision Number 222/PID/2011/PT.PDG. The interpretation of the element of possession must be construed restrictively and linked to the principle of fault. The appellate judges at the High Court of Padang considered that, without knowledge and intent, mere physical control is insufficient to impose criminal liability on the defendant. This interpretation is consistent with the Supreme Court's jurisprudence, which requires clear proof of the element of fault.