Narcotics Crime Research Articles

Implementation of the Death Penalty for Narcotics Criminal Offenders in the National Criminal Code From A Human Rights Perspective

The WvS Penal Code and the 2023 Penal Code still maintain the death penalty as a last resort in dealing with serious crimes. One of them is narcotics crime which is still a problem for Indonesia and other countries. so that in its eradication and handling requires cooperation with other countries. In the enactment of Law Number 1 of 2023 concerning the Criminal Code, where the death penalty is still enforced. The selection of penal means in tackling crime to obtain a deterrent effect for the community and for the convict himself so as not to commit a criminal offense again (preventing repetition of criminal acts). The emphasis is on repressive efforts against criminals. This research uses juridical-normative method. The maintenance of the death penalty is a criminal law policy in tackling serious crimes as a preventive and repressive effort.

The Role Of Investigators In The Application Of Restorative Justice And Rehabilitation To Victims Of Drug Abuse In The Belawan Port Police

This study aims to determine the application of restorative justice and rehabilitation in the case of narcotics crime in legislation, the role of investigators in implementing restorative justice and rehabilitation in the Belawan jurisdiction, as well as the obstacles faced by investigators in implementing restorative justice and rehabilitation in the region. The research method used in this study is empirical juridical research that combines elements of law and scientific method. This study uses a qualitative approach with data collection techniques through interviews and document studies. The data sources consist of primary data obtained through observation, interviews, and questionnaires, as well as secondary data derived from primary and secondary legal materials. Data analysis is done descriptively by grouping, interpreting, and summarizing the data obtained. Investigators have an important role in handling cases of victims of drug abuse, including in the investigation, investigation, and rehabilitation. The implementation of restorative justice and rehabilitation at the Belawan Port Police Station has been carried out, but there are still obstacles such as lack of knowledge and skills of investigators, lack of support and facilities, and lack of community involvement. Increased training for investigators and stronger cooperation with communities and rehabilitation institutions are needed to improve the effectiveness of Drug Abuse Prevention.

Analysis of The Flow of Funds of Money Laundering Crime With Predicate Crime of Narcotics Crime by Foreign Nationals, A Case Study at the National Narcotics Agency of Bali Province

The flow of funds of foreign nationals at home and abroad can be used in proving money laundering crimes in Indonesia because based on Article 69 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, which states that in order to be able to carry out investigations, prosecutions, and examinations in court against money laundering crimes, it is not mandatory to prove the original criminal act first, with this intention it does not mean that in conducting investigations, prosecutions, and examinations in court it is not mandatory to prove the original criminal act. This study aims to determine and analyze the analysis of the flow of funds of money laundering crime with predicate crime of narcotics crime by foreign nationals. This research method uses normative research supported by empirical research using various types of primary legal materials. The results show that the flow of funds of foreign nationals at home and abroad can be used in proving money laundering crimes in Indonesia because based on Article 69 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, which states that in order to be able to carry out investigations, prosecutions, and examinations in court against money laundering crimes, it is not mandatory to prove the original criminal act first. This research has implications for the importance of strengthening international cooperation in tracing and tracking the flow of funds involving foreign nationals, as well as the need to strengthen regulations related to the supervision of cross-border financial transactions.

Juridical Review of Advocates In Providing Free Legal Aid to Perpetrators of Narcotics Abuse Crimes

The authority of advocates in providing legal assistance to perpetrators of narcotics abuse crimes, as stipulated in Article 55 paragraph (1) of the Advocate Law, gives status to advocates as law enforcers who have an equal position with other law enforcers in upholding law and justice. Legal aid provided by advocates for free is a right owned by a person who has the status of a defendant to the perpetrator of narcotics crimes. The obstacles and solutions faced by advocates in providing legal aid to perpetrators of narcotics abuse crimes, namely the lack of legal knowledge and awareness in the community itself about the Legal Aid Process that they only know from the information of the public in general is one of the obstacles in the process of providing Legal Aid

Law Enforcement of Narcotics Crimes Against Children in The Drug Investigation Directorate of The Bali Regional Police Force

Children are a new generation of young people growing up in a nation, the child is a legal subject who has not reached the age of 18 (eighteen). Article 1 paragraph (15) of Law Number 35 of 2009 concerning Narcotics states that narcotics abuse is a person who uses narcotics without the right or against the law. If the perpetrator of the narcotics crime is a child, then in material law of course the child as the perpetrator of the narcotics crime can be charged following Article 112 of Law Number 35 of 2009, because the intended substance in the article is that it reads every person, which means that all people, both adults and children, can be subject to the article. narcotics abuse is qualified as a crime without a victim, which means that the victim of the crime is the perpetrator himself, so in the event of narcotics abuse, the victim (crime) is the child who abuses narcotics in addition to his qualifications as a perpetrator is a victim. So the investigators of the Bali Police Ditresnarkoba in enforcing the law on narcotics crimes against child perpetrators, attempted to do so through a diversion approach

Legal Analysis of The Position of Justice Collaborators in Disclosure of Narcotics Crimes

Legal Analysis of The Position of Justice Collaborators in Disclosure of Narcotics Crimes

Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases

The escalating trend in drug abuse, particularly among the youth, necessitates a unified approach from all law enforcement entities to address this shift in paradigm. It is essential to view drug addicts and victims of drug abuse not only as perpetrators but also as victims, warranting the incorporation of rehabilitation as an alternative form of punishment. The severity of narcotics crime in Indonesia poses a profound threat not only to individual health both physical and mental but also to societal well-being and national development, potentially compromising state security and sovereignty. This paper explores the enforcement of narcotics law in Indonesia as dictated by Law Number 35 of 2009 and examines the application of restorative justice, a concept often referred to in criminal law enforcement, which emphasizes recovery and atonement for the perpetrator or their family towards the victim, facilitating out-of-court reconciliatory efforts. By examining the legal sociological perspective, this research advocates for resolving narcotics-related criminal cases through means that prioritize restoration over retribution. It argues for a restorative justice approach, where the focus shifts from imprisonment to alternatives like medical and social rehabilitation, aiming for a resolution that restores harmony and agreement between involved parties, thereby aligning legal outcomes with societal values and needs.

KEPASTIAN HUKUM PENERAPAN JUSTICE COLLABORATOR TERHADAP PELAKU TINDAK PIDANA NARKOTIKA.

The idea of a Justice Collaborator is based on Article 37 paragraph (2) of the 2003 United Nations Convention Against Corruption (UNCAC) which states that the state is obliged to consider reducing the sentence of perpetrators who provide substantial cooperation in the investigation and prosecution of a specified crime. As of 2023, UNCAC has 190 member countries which have proven that the article regarding Justice Collaborator is an effective way to eradicate organized crime such as narcotics. The Research method is a normative juridical research, to obtain the necessary data in connection to the period issue. The data used is secondary data in consisting of primary legal materials. Besides, it used primary data to support secondary data legal materials. Data analysis was done by qualitative juridical analysis. The result of research is obtained that From the research results, it can be seen that Justice Collaborator is a form of symbiotic mutualism or mutually beneficial cooperation between Witnesses and Perpetrators of law enforcement officers where each of them gets benefits related to the disclosure of narcotics crime cases. The legal basis for Justice Collaborator began with the publication of SEMA No. 4 of 2011, Joint Regulations, to Law no. 31 of 2014. In the PSK Law, the position of Justice Collaborator is regulated as equal to Witness, Victim and Whistleblower and their rights are guaranteed by law, but in practice there are still many perpetrator witnesses who do not get leniency because in the trial the judge does not consider the testimony of the perpetrator witness to meet the requirements. as Justice Collaborator. Even though the legal basis already exists, because in the Indonesian judicial system the decision maker is the judge, the recommendation of the prosecutor or LPSK does not necessarily lighten the sentence of the perpetrator witness

Analysis of Legal Aspects Related to Special Narcotics Crimes as Extraordinary Crimes

Analysis of Legal Aspects Related to Special Narcotics Crimes as Extraordinary Crimes

Disparity of Sentence Determination by Judges Regarding Decisions Below the Minimum in Narcotics Crimes

This research aims to explain differences in judges' decisions regarding the imposition of sentences below the minimum in narcotics offense cases. The main focus of this research is the judge's thoughts when adjudicating narcotics cases which causes inequality in sentencing and determining appropriate sentencing criteria that the judge can take into consideration so that there is no inequality in punishment in the future. Inequality in sentencing has the meaning of giving different sentences to convicts in cases that are similar or almost similar in terms of the level of crime, whether they are carried out simultaneously or not, without justifiable reasons. This research aims to identify and analyze the basic considerations of judges in determining sentences against drug offenders, as well as identifying the factors that influence judges' decisions against perpetrators, especially those who violate Article 112 and Article 114 Paragraph 1 of Law Number 35 of 2009 concerning Narcotics. The data used in this research is secondary data in the form of judge's decisions. The analytical approach used is the case approach and criminal law concepts. The research results show that the judge considered the evidence presented in accordance with the procedures regulated in the Criminal Procedure Code in deciding the case. Factors that influence the judge's decision include legal aspects, characteristics of the perpetrator, and subjective factors of the judge concerned.

- The Death Penalty in the Context of Human Rights (A Study of Supreme Court Decision Number 3083 K/PID.SUS/2022

Every human being has Human Rights (HAM) as a creature of God whose existence and dignity must be supported and respected. When faced with human rights, the death penalty in Indonesia in narcotics crime cases always raises pros and cons. The formulation of the problem of this article is whether the imposition of the death penalty against narcotics offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 is in accordance with human rights principles. The method used is normative juridical by analyzing laws and regulations in relation to applicable norms and data collection using the literature method. The result is that the judex facti's decision is not contrary to the law, so the defendant's cassation is rejected, because the actions of the perpetrator will greatly disturb the community and disturb the next generation if children and adolescents fall into the use of narcotics. The conclusion is shows that the death penalty for drug offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 in Indonesia is contrary to the right to life stipulated in Article 6 of the 1966 International Covenant on Civil and Political Rights, but is in accordance with Indonesian positive law, namely Law No. 35 of 2009 concerning Narcotics.

Peran Badan Narkotika Nasional Provinsi Nusa Tenggara Timur dalam Penegakan Hukum terhadap Tindak Pidana Nartkotika

The circulation of narcotics in Indonesia shows a trend that continues to increase and is very worrying. Currently, narcotics are not only distributed in big cities but have also reached East Nusa Tenggara. This is a dangerous threat to the lives of the community, nation and state, specifically to the survival and future of the perpetrators. The East Nusa Tenggara government has shown its seriousness in eradicating and preventing narcotics abuse by establishing the East Nusa Tenggara Provincial National Narcotics Agency (BNNP). The research method used is qualitative descriptive research, namely to provide a complete picture of the role of the NTT BNNP in carrying out its duties and functions in law enforcement against narcotics crimes and then describe the obstacles faced in eradicating narcotics crimes, both juridically and empirically. This research was carried out at the East Nusa Tenggara Province Narcotics Agency Office. The results of the research conducted show: (1) The role that must be carried out by the NTT Province BNN is a hard power approach through eradication, a soft power approach through prevention, community empowerment and rehabilitation, then a smart power approach using sophisticated information technology as ordered by the president for digitalization. (2) Obstacles encountered by the NTT Province BNN in preventing narcotics abuse include: Human resources are one of the obstacles for the NTT Province BNN in carrying out its role in eradicating narcotics cases in society. Budget is the thing that is most needed in executing an activity and other things. Budget limitations are one of the obstacles for the NTT Province BNN in carrying out its role in eradicating narcotics cases in society. The existing facilities and infrastructure apparently have an impact in hampering the role of the NTT BNNP. Based on this, it can be concluded that in eradicating and preventing narcotics abuse, the NTT BNNP has a role and faces obstacles in doing so.

Disparity of Criminal Implementation against Class I Narcotics Criminal Offenders

This research aims to analyze the occurrence of disparities in the application of criminal offenses against perpetrators of class I narcotics crimes in ten criminal decisions at the Mataram District Court, including how there are disparities in criminal decisions for perpetrators of class I narcotics crimes, how judges consider in deciding class I narcotics crime cases. The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The types of legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials using qualitative analysis. The results of the research show that the disparity in criminal decisions for perpetrators of category I narcotics crimes occurs as a result of the legal culture that colors the course of law enforcement, where in practice there is a condition where there is no unified law in terms of Sentencing Guidelines for sentencing in court. Mataram country, apart from that, there is the potential for a clash of legal norms between articles in the Narcotics Law regarding the formulation of a strict and clear separation between the roles of narcotics abusers and dealers in articles 111 - up to 127. Then it is up to the judge's consideration in making a decision at the Mataram energy court in casu is based on 2 main factors, namely: firstly, the Judge's decision is greatly influenced by the magnitude of the Prosecutor's demands, secondly, the Judge's Confidence Factor which arises from the evidence of the trial facts.

Implementation of the Right to Remission for Prisoners of Narcotics Abuse in Lapas 1 Medan

This research aims to find out the fulfillment of remission rights for narcotics abuse inmates in Lapas 1 Medan. Prisoners who have rights that are protected from human rights and which are regulated in Law Number 12 of 1995 concerning Corrections in Article 14 paragraph (1) explains the rights of prisoners, one of which is the right to get remission. Remission is the right of every prisoner that must be fulfilled. However, Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation Number 32 of 1999 concerning Conditions and Procedures for the Implementation of Rights and Prisoners of Corrections tightens the granting of remission to prisoners of narcotics crimes.

Legal Regulations for Children Involved in Narcotics Crimes in Indonesia

Norms that protect children as perpetrators or victims, especially narcotics, are basically complete, namely the application of Law No. 35 Of 2009 On Narcotics Against Children Involved In Narcotics Crimes After The Birth Of Law No. 11 of 2012 on Child Protection. Seeing the verdict against the child offender who should be given protection, on the other hand the child protection rules strongly emphasize that children should not be reduced let alone deprived of their independence. The research method uses empirical juridical approach, the data used is secondary data and primary data. The interviewees in this study consisted of interviews with judges, investigators, child lawyers, social workers from Child Protection institutions. The data analysis used is qualitative. The provisions stipulated in law No. 35 of 2009 this of course applies in general but if involved in narcotics crime is a child then it is mandatory to use the Child Act. Before the birth of Law No. 11 of 2012 on the juvenile criminal justice system, the law used in the event law is law No. 3 year 1997 namundalam practice when the procedural law is regulated in the Narcotics Crime Act then used by investigators is the Narcotics Act while the Act No. 3 of 1997 on Juvenile Court impressed only as a companion to the law.

Peran Lembaga Pemasyarakatan Dalam Upaya Pembinaan Terhadap Pelaku Residivis Tindak Pidana Narkotika

The purpose of this activity is to determine the success of the role of efforts to develop the Gorontalo Class IIA Penitentiary for prisoners, one of which is prisoners who have a high level of awareness so that there will be no repetition of narcotics crimes (narcotics recidivism). The research method used is a type of empirical legal research, namely the Sulatul Meltholm research method, which has the ultimate function of seeing law in a real sense and studying how law works in the social environment. The results of the research obtained on the role of Correctional Institutions in efforts to guide recidivist perpetrators of narcotics crimes in Gorontalo Class IIA Prisons have not been effective. The factors that hinder efforts to provide guidance to recidivist narcotics criminals are the lack of differences in guidance between narcotics recidivists and non-recidivist perpetrators, overcapacity in prisons, a lack of officers, and a low level of supervision. The author's suggestions for overcoming existing obstacles are to separate the guidance given to narcotics recidivists and non-recidivists, improve prison infrastructure, including adding officers, which can improve supervision in prisons.

Analisis Penerapan Sanksi Pidana Pelaku Residivis Tindak Pidana Narkotika

Abstract In positive law, narcotics crimes are qualified as extraordinary crimes, because the impact of these crimes has a dangerous situation that is widespread. Law No. 35 of 2009 is the basic rule for law enforcement officers to carry out law enforcement for perpetrators. In Article 54 of the Law it is explained that judges are obliged to consider conducting medical rehabilitation for drug users. In Decision No. 745/Pid. Sus/2018/PN Srg, the defendant is a drug case recidivist who had previously been rehabilitated. By using a normative juridical research method that uses the approach of legislation and legal principles, this study aims to examine and determine the application of punishment to recidives in Decision No. 745/Pid. Sus/2018/PN Srg by using the theory of judges' considerations and the purpose of sentencing. The results of this study are the application of sanctions against narcotics crime recidivists must use the purpose of punishment which results in a deterrent effect for the perpetrator, so that the perpetrator does not repeat the action.

Criminal Law Policy (Penal Policy) in the Formulation of Criminal Sanctions Against Narcotics Crimes in Indonesia

To overcome the problem of drug crimes, it is necessary to have a criminal law policy (penal policy). This policy must be concentrated on two things, the first is aimed at applicable policies, namely policies on how to apply the criminal law laws and regulations currently in force in order to deal with drug problems and the second is formulative policies or policies that lead to reform of criminal law (penal law reform) namely policies on how to formulate criminal law legislation which is also related to the concept of the new Criminal Code (KUHP), especially in the context of tackling drug crimes in the future. This research uses a descriptive analysis methodology with a normative juridical approach with secondary data sources. It is hoped that the results of this research will be able to provide answers regarding the most appropriate form of sanctions to be applied to perpetrators of drug crimes. The policy of formulating criminal sanctions according to the drug law in the future for perpetrators of drug crimes in Indonesia is in line with the general provisions contained in the National Criminal Code (KUHP) Concept and in accordance with the decision of the Constitutional Court regarding the death penalty provisions, taking into account: The death penalty is no longer a crime. principal, but as a special and alternative punishment, the death penalty can be imposed with a probationary period of ten years which, if the convict behaves commendably, can be changed to life imprisonment or 20 years g. The death penalty cannot be imposed on children who are not yet adults. The execution of the death penalty against pregnant women and someone who is mentally ill is postponed until the pregnant woman gives birth and the mentally ill convict recovers.

Non Penal Policy to Reduce The Rate of Narcotics Crime Through a Double Track System

This research will analyze the problems contained in the implementation of the double track system for narcotics crimes using Lawrence M. Friedman's legal system theory. The author uses normative legal research with a conceptual approach and deductive method accompanied by supporting data to produce a comprehensive and critical analysis to answer the problem. The purpose of this research is to find problems in the use of the double track system in narcotics crimes using Friedman's legal system theory, this is done because in Friedman's legal system theory will divide through three aspects, namely legal substance, legal structure, and legal culture in narcotics crimes. Based on the results of the research, the legal substance problem in narcotics crime is the existence of strict liability which can cause overcriminalization so that depenalization, decriminalization, and diversion policies are needed in the Narcotics Law. In addition, there is a tendency for judges in deciding narcotics cases to only use imprisonment without accompanying it with rehabilitation. In the legal structure, there are problems in the form of a lack of drug rehabilitation facilities, the strong retributive influence so that imprisonment is the main answer in dealing with problems, abuse of power committed by law enforcers, and imprisonment which is a criminogenic factor for narcotics crimes. While the problems in legal culture are stigmatization by the community, the need for confidentiality of identity, the influence of the surrounding environment, and the level of education and employment affect the incidence of drug crimes.

Perlindungan Hukum terhadap Anak di Bawah Umur dalam Perkara Tindak Pidana Narkotika

Narcotics crime is an extraordinary crime (extra ordinary crime) modus operandi is quite sophisticated and continues to experience changes to avoid tracking by law enforcement officials. This is the adult mode The latest thing to do is involve minors as couriers or delivery of drugs into the hands of users. The problem is the point attention is that when children are caught by officers they are immediately arrested became a suspect and was taken into custody. Even though children should be placed as a victim of the development of the big bookie mode in distributing drugs. The fact is that children are the perpetrators of the crime Drug criminals have not received maximum rights in the system juvenile criminal justice.