- The Chairman of the Criminal Chamber at the Supreme Court (Mahkamah Agung – "MA"), Suharto, has claimed that legislative problems could lead to the overexposure of criminal cases. In terms of narcotics cases specifically, Suharto stated recently that the current framework of Law No. 35 of 2009 on Narcotics has some peculiarities which could ultimately affect legal enforcement, including: 1) The use of the intersecting phrases “abuse” and “without rights or against the law”; 2) A lack of clear definition in terms of differentiation between users/addicts/victims of abuse and distributors/dealers; and 3) The current lack of any minimal threshold for narcotics-related prosecutions.
- In an effort to ensure greater clarity regarding the prosecution of narcotics-related cases, the MA is currently drafting a new Regulation that will establish a set of sentencing guidelines for such cases. In this regard, the MA has formed a working group (Kelompok Kerja/Pokja) in order to formulate a Draft Regulation that will feature sentencing guidelines characterized by an expanded threshold.
- For more on this Story, see Hukumonline: “MA Godok Pedoman Pemidanaan Perkara Narkotika”.
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