This research aims to find an answer whether a judge can interrupt a narcotic criminal offence under the special minimum criminal limit stipulated in Law No. 35 year 2009 on narcotics. To answer these problems, the research method used is the doctrinal research method. This type of research uses normative legal research that is legal research conducted based on laws and regulations and library materials or what is known as secondary material. The juridical policy of the judge decides that criminal under special criminal offence is contained in article 5 paragraph (1) of Law No. 48 year 2009 on judicial power stating that judges and constitutional judges must dig, follow and understand the legal values and sense of justice that live in society. This provision is intended to make the judgment of judges in accordance with the law and the sense of justice in society so that the substantive justice is achieved. Judges are required to be more creative in making the verdict so that it is not only normative to the law that sometimes does not give a sense of justice for the community but also must dig the values of justice that live in society. In dropping a criminal, the judge other than guidance to the legislation also given the freedom to determine a fair punishment based on the measure of justice according to conscience. The concept of fairness in progressive law is how it can create substantive justice and not just procedural justice. For the progressive law, it is not illegal for a judge to be able to misrule the law if justice can be obtained by distorling the law.