Application of the Principle of Mens Rea in Criminal Liability of Narcotics Abusers Based on Article 609 of the National Criminal Code

Abstract

This study aims to analyze the application of the principle actus non facit reum nisi mens sit
rea in determining criminal liability for narcotics abusers under Article 609 of the National
Criminal Code, as well as to examine its relevance in achieving fair criminal punishment. This
research employs a normative juridical method using a statutory approach, conceptual
approach, and case approach. The research data were obtained through a literature review of
legislation, criminal law doctrines, court decisions, and relevant scholarly literature concerning
criminal liability and narcotics abuse. The results indicate that the application of Article 609 of
the National Criminal Code must continue to uphold the principle of culpability as the basis of
criminal liability. The existence of a criminal act does not automatically establish the
perpetrator's criminal fault; therefore, intention or other forms of culpability must be established
proportionally. The application of the mens rea principle is essential to distinguish perpetrators
who genuinely possess criminal culpability from individuals whose circumstances may warrant
a more appropriate rehabilitative approach. The study concludes that the mens rea principle has
an important role in applying Article 609 of the National Criminal Code to ensure that criminal
punishment for narcotics abusers remains oriented toward legal certainty, justice, and
proportionality