Abstract

Narcotics crime is one of the extraordinary crimes. In addition to the negative impact it causes, the disclosure of narcotics crimes is not easy because it is transnational in nature, is carried out in secret, organized, uses various modus operandi and uses advanced technology. Therefore, the Law on Narcotics regulates investigative techniques that can be used to uncover narcotics crimes, one of which is an undercover buy investigation technique. However, this technique sometimes also leaves its own problems in its implementation. The objective of this study is to identify and explain the various constraints faced by the Public Prosecutor in proving aspects of criminal responsibility for narcotics criminals, especially those carried out with the undercover buy technique. This paper using a normative research type through a statutory approach and a case approach. This study explains that the Public Prosecutor still has problems in proving aspects of criminal responsibility for narcotics criminals, both from internal and external factors. The constraints from internal factors was that the Public Prosecutor was not careful in checking the completeness of the formal. Meanwhile, external factors, namely investigators did not provide actual information regarding the completeness of the material submitted in the first stage of file submission. Therefore, it is necessary to improve the regulation and coordination between law enforcement officers in terms of proving the accountability aspects of narcotics criminals using undercover buy techniques.

Highlights

  • Narcotics are substances or drugs that are very useful and necessary for the treatment of certain diseases

  • This study focuses on the constraints faced by the Public Prosecutor in proving aspects of criminal responsibility for narcotics criminals, especially those carried out with the undercover buy technique

  • The case file is declared complete and ready to be transferred to the District Court for the prosecution stage

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Summary

Introduction

Narcotics are substances or drugs that are very useful and necessary for the treatment of certain diseases. If it is misused or used not in accordance with treatment standards, it can have very detrimental consequences for individuals or society, especially the younger generation.[1]. Law Number 35 of 2009 concerning Narcotics regulates narcotics abuse and narcotics crimes. The Law on Narcotics regulates investigative techniques that can be used to uncover narcotics crimes. One of them is the technique of investigating undercover buy and submissions under supervision or known as undercover buy, as regulated in Article 75 letter j of the Act a quo

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