Application of Criminal Liability Based on the Principle of Errors In the Narcotics Case Court Decision

Nowdays narcotics consumption in Indonesia has reached a serious and concerning level. There isn’t one area in Indonesia have a free title from narcotics black market. The spirit of eradicating narcotics is carried out through the prohibition and eradiction through law No.35 of 2009 which severse criminal sanctions that are more severse than the previous law that is law No. 22 of 1997. The interested in Law No. 35 of 2009 about Narcotics by injecting "principle of errors" in the trunk of his body being used as a basis for imposing penalties on perpetrators, as known the principle of actus non facit reum, nisi mens sit rea in criminal law. Therefore, judges are prohibited from imposing criminal sanctions or sanctioning actions on the defendant if their mistakes are not proven. By following the principle of errors, proven narcotic crime does not automatically the culprit to be convicted, because it depends on whether the defendant has a mistake or not. Based on 3 (three) court decisions examined, most of the defendants were convicted when the crime was committed. In other words, the defendant's mistake is automatically there and the crime is proven. However, between crime and error are two different areas that require proof of each.