Law Enforcement Against the Circulation of Hard Drugs: An Analysis of Article 436 of Health Law Number 17 of 2023 and the Decision of the Indramayu District Court Number 153/Pid.Sus/2025/PN IDM

Abstract

This study analyzes the application of Article 145 paragraph (1) and Article 436 paragraph (2) of Law Number 17 of 2023 concerning Health in the Decision of the Indramayu District Court Number 153/Pid.Sus/2025/PN Idm regarding the circulation of hard drugs without pharmaceutical expertise and authority. This research utilizes a normative legal approach, incorporating both statutory analysis and conceptual frameworks . The data collected included primary, secondary, and tertiary legal materials, which were analyzed using a qualitative descriptive method. The findings show that the judges not only assessed the fulfillment of the criminal offense elements formally but also considered the impact of the defendant's actions on public health. The circulation of Tramadol, Trihexyphenidyl, and Dextromethorphan without proper authority is deemed potentially harmful to the community and capable of weakening the national drug control system. The ruling has successfully fulfilled the principle of legal certainty through the consistent application of the elements of the criminal offense in line with the prevailing laws and regulations. However, the implementation of progressive law has not been optimal because the sentence imposed remains relatively lenient compared to the maximum statutory penalty, resulting in the objectives of punishment namely deterrence and public protection not being fully achieved. Based on Sudikno Mertokusumo's theory of judicial decisions and Satjipto Rahardjo's theory of progressive law, the enforcement of health law should not solely focus on formal juridical aspects but should also provide substantive protection for society.