Perlindungan Hukum Terhadap Penguasaan Narkotika Tanpa Sadar Dalam Perspektif Hukum Pidana Indonesia

Abstract

The phenomenon of unconscious possession of narcotics represents a critical issue in Indonesia’s criminal justice system, where individuals may be convicted solely based on physical possession of evidence without proof of intent (mens rea). Article 112 of Law No. 35 of 2009 on Narcotics, which omits the element of intent, creates an imbalance between legal certainty and substantive justice. This study aims to analyze the legal protection mechanisms for individuals who unknowingly possess narcotics and to examine the state’s responsibility in preventing the criminalization of innocent citizens. This research applies a normative legal approach combining conceptual, statutory, and comparative analyses. Primary legal materials include Law No. 35 of 2009, the Attorney General’s Regulation No. PER-029/A/JA/12/2015, and the Attorney General’s Guideline No. 11 of 2021. Data were analyzed qualitatively through the lens of criminal liability theory, the principle of culpability, and the presumption of innocence. The findings indicate that legal protection for unconscious possession cases remains ineffective due to weak implementation of integrated assessments and the absence of judicial interpretation concerning intent. Therefore, a normative reconstruction is required by adding the element of “knowingly” in Article 112 and enforcing mandatory integrated assessments as a formal prerequisite for valid investigations.