Criminal Liability for Methamphetamine Purchase and Possession through Conspiracy

A Case Study of Decision No. 916/Pid.Sus/2025/PN Tjk

Abstract

Conspiracy to commit narcotics offenses constitutes a serious criminal act under Indonesian law because it involves an agreement between two or more individuals to commit crimes related to the possession, purchase, distribution, or control of narcotics. This study aims to analyze the factors contributing to the criminal conspiracy to purchase and possess methamphetamine and to examine the criminal liability imposed on offenders based on Decision Number 916/Pid.Sus/2025/PN Tjk. The research employed a normative-empirical legal approach by combining statutory and doctrinal analysis with empirical data obtained through interviews with investigators from the Lampung Regional Police Narcotics Directorate, public prosecutors at the Bandar Lampung District Attorney’s Office, and judges of the Tanjung Karang District Court. Secondary data were collected through library research involving legislation, legal literature, and relevant judicial decisions, while qualitative juridical analysis was applied to interpret the findings. The results indicate that the commission of the offense was influenced by several interrelated factors, including criminal intent, economic hardship, low educational attainment, and inadequate moral and religious values, which collectively encouraged the offender’s involvement in narcotics-related criminal activities. Furthermore, the court determined that the defendant fulfilled the legal requirements for criminal responsibility, including criminal capacity, culpability, and the absence of grounds for excuse or justification. Consequently, the defendant was convicted under Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) of Law Number 35 of 2009 on Narcotics and sentenced to five years of imprisonment and a fine of IDR 800,000,000, with a substitute imprisonment of three months in the event of non-payment. The findings demonstrate that criminal liability for narcotics conspiracy is imposed based on the fulfillment of both substantive criminal law elements and evidentiary standards established during judicial proceedings.