Copyright © 2023 Journal Equity of Law and Governance Page 52
Journal Equity of Law and
Governance
Vol. 3, No. 1, April 2023
P ISSN: 2775-9512
https://www.ejournal.warmadewa.ac.id/index.php/elg
Criminal Liability for the Abuse of a New Type of Narcotics
(Alpha Propylaminopentiophenone) in Indonesia
Ni Gek Ayu Septi Nohanaa, I Gusti Bagus Suryawan, I Wayan Rideng
Universitas Warmadewa
gekayuseptinohana@gmail.com
Abstract - With the rapid development of information technology, the types of Narcotics are
increasing, one of which is Alpha Propylaminopenthiophenone, which is a new type of Narcotics that
is not yet contained in statutory regulations, so there is a void in norms.
Propylaminonepenthiophenone) can be held criminally responsible? 2. What are the arrangements for
new types of narcotics users such as Alpha Propylaminonpentionefenone in the future? The use of
the method in this study is a type of normative legal research with a statutory regulatory approach, the
source of data is through legislation which includes Law Number 35 of 2009 and the purpose of this
study is to determine criminal liability for users of a new type of narcotics (alpha
propylaminopenthiophenone). in Indonesia. The results of the study can be explained that Alpha
Propylamininpenthiophenone has not been regulated in Indonesian Legislation and Users of these
substances cannot be held criminally responsible because the Indonesian legal system adheres to
the principle of legality, so with regard to this it is necessary to regulate (Alpha
Propylaminonpenthiophenone) so that users can be held criminally responsible and should reform the
Narcotics Law which states that all substances containing narcotic substances are considered
narcotics.
Keywords: Criminal Liability, New Psychoactive Substance., Legality Principles.
VI. INTRODUCTION
In Indonesia, the problem of narcotics and psychotropics has increased due to the
emergence of new addictive substances known as New Psychoactive Substances (NPS). To
avoid legal action, the manufacture of NPS involves the chemical composition of substances
covered by Law no. 35 of 2009 concerning Narcotics. The term drug is no longer a taboo
or new to society considering that there is so much news broadcast through television,
newspapers and even the internet that the spread of drugs continues to increase
significantly from year to year even though regulations regarding drug abuse have been
established, but this cannot reduce the level of distribution and use of the drug Adiwijaya,
(2019).
The abuse and distribution of these substances cannot be prosecuted by law. For
example, Raffi Ahmad used 3,4-Methylenedioxymethcathinone or Methylone in an incident
that occurred in 2014. There are no regulations governing these NPS substances.
Interpretation is very necessary because of the development of the variety of narcotics so
that legal needs and a sense of justice are also transformed in harmony with the norms
prevailing in society, so in order to grant all demands so that they are in accordance with the
various values that are developing and believed by the community concerned, Adami
Chazawi, (2018).
In essence, the Narcotics Regulations state that this method of law enforcement can
be applied by the Minister of Health. Mentioned in Article 6 Paragraph (3) explains regarding