Legal Analysis of the Problem of Determining Criminal Responsibility Between Users and Distributors in Narcotics Crimes (Study at the North Sumatra Regional Police)

Abstract

This study aims to analyze the legal issues of determining criminal responsibility between users and dealers in narcotics crimes and examine the factors that influence the classification of suspect status in investigative practices at the North Sumatra Regional Police. This issue is important because determining status as a user or dealer has direct implications for the application of criminal sanctions, both through rehabilitative and repressive approaches. The unclear boundaries between these two categories in law enforcement practices often lead to disparities in case handling and potentially ignore the principles of justice and legal certainty. This study uses a normative legal method supported by an empirical legal approach. Data were obtained through a literature review of laws and regulations, books, scientific journals, and interviews with investigators, legal practitioners, and academics. Primary legal materials include Law Number 35 of 2009 concerning Narcotics, Law Number 8 of 1981 concerning the Criminal Procedure Code, and Law Number 1 of 2023 concerning the Criminal Code. Data analysis was conducted qualitatively by examining the alignment between legal norms and their implementation practices. The results show that determining criminal liability between users and dealers still faces various legal obstacles, including differing interpretations of the elements of "possession," "control," and "storage," limited evidence, and the suboptimal implementation of integrated assessments. Furthermore, non-legal factors such as economic pressure, the influence of illicit trafficking networks, community legal culture, and the integrity of law enforcement officers also influence investigation results. In practice at the North Sumatra Regional Police, drug users who should receive rehabilitation are still being processed as dealers. This study concludes that Indonesian positive law provides a normative basis for distinguishing drug users and dealers, but its implementation still requires more consistent guidelines, improved quality of evidence, strengthened inter-agency coordination, and optimization of the rehabilitative approach to achieve legal certainty, justice, and benefits in a balanced manner.