LAW ENFORCEMENT IN COMBATING NARCOTICS AND DRUG CRIMES FROM A LEGAL CERTAINTY PERSPECTIVE

Abstract

Law enforcement against narcotics and illicit drug crimes is an integral part of the state's efforts to establish legal order and protect society. In this context, legal certainty is a fundamental principle that must be realized, both in the formulation of norms, the enforcement process, and decisions produced by law enforcement officials. The problems faced in this paper are how the policy of implementing criminal sanctions for drug users who are not linked to narcotics networks in current legislation, what forms of effective countermeasures against narcotics and illicit drug crimes and what model of law enforcement in countering narcotics and illicit drug crimes from the perspective of legal certainty. The research method used in this study is empirical legal research and this study will use analytical descriptive methods. The research findings indicate that criminalization policies for non-network drug users remain unclear and often open to multiple interpretations, despite Law No. 35 of 2009 providing opportunities for rehabilitation. This has led to criminalization that contradicts the principles of justice and human rights. Clear and integrative legal policies are needed, with a balanced approach between repressive, preventive, and rehabilitative measures. Regulations must clearly differentiate between users and network users, as mandated by Articles 54 and 103 of the Narcotics Law. Disharmonious regulations and differing interpretations by authorities contribute to legal uncertainty, necessitating consistent, fair, and human rights-based law enforcement.