Constraints by the Public Prosecutor in Proving Aspects of Criminal Liability for Narcotics Criminals with Undercover Buy Techniques

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.