The Effectiveness Of Law Enforcement Against Narcotics Couriers As Reviewed From The Ma's Casation Decision No. 9247 K/Pid.Sus/2025

Abstract

Narcotics-related offenses require law enforcement that is both firm and proportionate, particularly regarding couriers, whose roles differ from those of principal offenders. This study analyzes the application of Law No. 35 of 2009 to narcotics couriers, the law enforcement process, and legal certainty, based on Supreme Court Cassation Decision No. 9247 K/Pid.Sus/2025. Employing a normative-juridical method, the study utilizes statutory, conceptual, and casebased approaches. The findings indicate that sentencing for couriers is based on the fulfillment of elements such as possession, ownership, or distribution of narcotics as charged; however, considerations regarding the courier's specific involvement and position within the network lack proportionality. Role-based sentencing guidelines and network mapping during investigation and prosecution are necessary to ensure fairer and more effective sentencing.