Principle of Strict Liability in Narcotics Crimes and Efforts to Protect The Rights of Perpetrators

Narcotics abuse cases in Indonesia have been at an alarming level, which causes all levels of society to become targets of victims of narcotics abuse. Efforts to overcome this use two approaches in the narcotics law that regulate it, namely the penal approach and the non-penal approach, which are commonly referred to as the double-track system. As a form of transnational organized crime, narcotics crimes need special efforts to overcome them. Among the many substances of criminal legislation, one of the special measures that can be used is applying the benefits of the existence of the principle of strict liability. The discussion regarding the existence of the principle of strict liability will be the object of study in this paper, namely by using the normative legal research method which prioritizes the study of positive legal provisions and general legal principles. So, it can be found what the strict liability principle is in the teachings of criminal law and the use of the strict liability principle in enforcing criminal law in the field of narcotics in Indonesia. The principle of strict liability can be an option for a new breakthrough in the effectiveness and efficiency of combating narcotics crimes in Indonesia. Although the existence of the principle of strict liability in its implementation provides convenience and practicality for law enforcement officials in carrying out their duties, it also provides an opportunity for injustice. So that the focus of the application of the principle of strict liability is not only used as a means of making it easier but is more used to overcome injustice for the victim or the perpetrator in cases of narcotics abuse so that it will no longer cause an injustice that can injure the basic human rights contained in the paragraph 1 Article 28D of the Indonesia Constitution