Konstruksi Yuridis Permufakatan Jahat Penyalahgunaan Narkotika melalui Media Sosial Menurut Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika

Abstract

The use of social media raises legal issues in distinguishing ordinary communication from agreements to commit narcotics offenses. This study aimed to analyze the legal construction of the elements of criminal conspiracy in narcotics offenses committed through social media under Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika. The study employed a normative legal research method with statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were collected through library research and then analyzed qualitatively. The findings showed that the principal element of criminal conspiracy was the existence of an agreement between two or more persons to commit a narcotics offense. Social media serves as a means of communication that can be used to identify intent and agreement between parties, rather than as a separate element in the legal construction of the offense. The existence of communication through social media does not automatically prove criminal conspiracy. Its assessment must consider the substance of the communication, its purpose, the subject matter of the agreement, and its connection to narcotics offenses. This study concludes that the assessment of electronic communication as evidence of criminal conspiracy should be comprehensive and guided by the principles of legality and legal certainty. These findings provide a conceptual reference for clarifying the legal boundary between ordinary communication and agreements that satisfy the elements of criminal conspiracy in narcotics offenses.