Narcotics Crime Research Articles

Kajian Yuridis Mengenai Pemberian Remisi Bagi Narapidana Narkotika dan Psikotropika dalam Persfektif Hukum Positif

Convicted drug abusers who serve prison sentences have rights protected by human rights and the law, one of which is the granting of remission. Remission is a reduction in the period of criminal service given to Prisoners and Criminal Children who meet the conditions specified in laws and regulations. Based on the above, the problem that will be discussed in this writing is how the provisions and conditions that must be met regarding the provision of remission for prisoners convicted of committing narcotic crimes and narcotic precursors, psychotropic drugs according to applicable law. As for the research method used is a normative research method which of course focuses on literature research to obtain secondary data from legal materials. The normative approach is carried out by reviewing the provisions or applicable laws and regulations. The results of the study that the implementation of the provision of Remission for drug offenders has been regulated in Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation Number 32 of 1999 concerning Terms and Procedures for the Implementation of the Rights of Conditional Assisted Citizens, as stated in article 34 paragraph (2), and article 34A paragraph paragraph 1 letter a and paragraph 2.

Rehabilitasi Pelaku Tindak Pidana Narkotika Golongan 1 (Satu) Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika

Introduction: Rehabilitation is a form of punishment aimed at treatment.Purposes of the Research: The purpose of this study is to determine whether the actions of the perpetrators of the Narcotics Crime in Decision Number 154/Pid.Sus/PN Amb have fulfilled the elements of the threat of punishment as stipulated in the Narcotics Law and what the judges consider in giving a rehabilitation decision against the perpetrators of narcotics abuse.Methods of the Research: The research method used is normative juridical research or literature study with the type of research that is analytical descriptive in nature which is a method that functions to describe or give an overview of the object under study through legal sources.Results of the Research: The results of the research used, it can be concluded that the judge decided to impose a sentence in the form of medical rehabilitation. Legal actions imposed on victims of narcotics abuse are reflected in SEMA No. 04 of 2010, concerning the placement of abusers, victims of abuse and narcotics addicts into rehabilitation institutions.

Penyelesaian Perkara Tindak Pidana Narkotika dengan Pelaku Anak Melalui Pendekatan Restorstive Justice

Perpetrators of narcotics crimes are not only adults, but can also be children. Handling of children who commit narcotics crimes refers to the provisions of Law Number 35 of 2009 concerning Narcotics, however the criminalization process is still based on the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This aims to provide protection for children who are in conflict with the law. This research aims to analyze the resolution of narcotics crime cases by children using a restorative justice approach at the Batang Police Station. The type of research carried out is normative-empirical legal research. The results of the research show that the resolution of narcotics crime cases with child perpetrators at the Batang Police has been carried out in accordance with Perpol Number 8 of 2021, Law Number 35 of 2009, and Law Number 11 of 2012. The position of the concept of restorative justice is seen as standing alone as alternative case resolution, so that solutions to narcotics crimes committed by children can be sought through restorative justice by fulfilling material and formal requirements. While handling narcotics crime cases committed by children, Batang Police Investigators act as facilitators and mediators.

Penanganan Tindak Pidana Narkotika Di Kota Ambon Oleh Direktorat Reserse Narkoba Polda Maluku

Introduction: Narcotics abuse in Ambon City has increased from 2018-2021. Narcotics in 2018-2021, namely: in 2018 there were 140 cases, in 2019 there were 123 cases, in 2020 there were 143 cases while in 2021 there were 169 cases.Purposes of the Research: To examine and discuss what was carried out by drug investigators from the Maluku Regional Police in handling narcotics crimes. To examine and discuss the obstacles faced by drug investigators from the Maluku Regional Police in handling narcotics crimesMethods of the Research: This research is a normative juridical research. This type of research is descriptive analytical. The source of legal materials used in this research is primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and given arguments to draw conclusions on the problem.Results of the Research: What the Maluku Police drug investigators did in handling narcotics crimes, namely: conducting examinations of witnesses and suspects and completing investigative actions, confiscating evidence found on suspects, conducting examinations or testing of evidence found on suspects, sending SPOP (Notification Letter of Commencement Investigation) to the Prosecutor's Office, carrying out the filing process, Submission of suspects and evidence to the prosecutor besides that there are obstacles faced by Maluku Police Narcotics investigators in Handling narcotics crimes, namely: there is still a lack of good cooperation between the community and officers, the modus operandi carried out by actors who are growing and changing, there are many new variants of narcotics.

OPTIMALIASI PELAKSANAAN PEMBERIAN BANTUAN HUKUM BAGI TERSANGKA TINDAK PIDANA NARKOTIKA

This research aims to find out how optimal the implementation of providing legal assistance is for suspects of narcotics crimes. This research uses empirical research methods, namely research based on empirical fact data in the field such as the results of interviews and observations taken directly from observations made by researchers in the field. The results of the research show that the implementation of providing legal assistance by investigators and legal advisors to explain narcotics crimes has been very effective or in accordance with procedures based on law. However, in providing legal assistance there are still obstacles that hinder the provision of legal assistance, namely the refusal of suspects who do not want to be accompanied by legal advisors due to a lack of understanding regarding legal assistance and also other obstacles, namely SKM or poverty certificates which are very difficult to obtain from the sub-district/village. This causes the provision of legal aid to be less than optimal.

ANALISIS PUTUSAN PENGADILAN NEGERI GORONTALO NOMOR 209/PID.SUS/2021 BERKAITAN DENGAN TINDAK PIDANA NARKOTIKA YANG DILAKUKAN DENGAN PEMUFAKATAN JAHAT

In providing health services, narcotics have an important role because they are used for medical and research purposes, so their availability needs to be guaranteed through production and import activities. Evil conspiracy is an act of preparation. Many law enforcement officers in Indonesia apply Article 132 paragraph 1. For example, two people have been arrested and charged for purchasing, carrying and subsequently using these narcotics. This research aims to analyze the judge's decision regarding criminal acts involving malicious conspiracy. The approach method uses primary data by conducting observations and interviews with related parties. Based on the facts, the author concludes: Narcotics crime with malicious intent because the defendant when committing the act was in good physical and mental health and there was no reason to expunge the crime and fulfilled the elements in Article 114 paragraph 2 of Law Number 35 of 2009 concerning Narcotics and Judges imposed a prison sentence of 8 years and a fine of IDR 2,000,000,000.00, with the provision that if the fine is not paid it will be replaced by a prison sentence of 3 months

Do Cops Still Care? A Phenomenological Exploration of Narcotics (De)Criminalization and Officer Discretion in Southern California

<i>The purpose of this transcendental phenomenological study was to explore how law enforcement officers in Los Angeles County described their lived experiences of engaging in discretionary enforcement behaviors when policing narcotics crimes. Rational choice theory was utilized as the theoretical lens for the study. Convenience sampling was used to recruit 15 active law enforcement officers in Los Angeles County. Data were collected through open-ended surveys, semi-structured interviews, and reflexive memos. The data were coded utilizing thematic analysis with the assistance of NVivo 12 Plus. Three primary themes were evident from the data: (1) positive reinforcement-motivators, (2) justifications for reduced narcotics enforcement, and (3) methods of reduced enforcement. Findings revealed law enforcement officers, much like offenders’ criminal behaviors in rational choice theory, can be dissuaded from discretionary enforcement behaviors with adequate negative reinforcement. Implications of the study’s findings, limitations, and recommendations for future research are discussed. </i>

Suçun Mekânsal Örüntüleri ve Fiziksel Çevreyle İlişkisi: Şikago Örneği

Although the environmental criminology, which relates crime to environmental factors and argues that the environment is not a passive determinant of the onset, continuation or termination of crime, has been on the agenda of urban studies, the relationships between elements of the physical environment and crime have not yet been sufficiently studied through exploratory spatial statistics. In the light of crime theories such as Broken Windows Theory, Crime Pattern Theory and Crime Prevention Through Environmental Design approach, this study aims to define and understand crime patterns by producing crime maps, visualizing spatial distributions, and testing the relationship between recurrent crimes in space and physical environmental elements.
 With the field study carried out in Chicago, the spatial patterns and relationships between crime types and physical environment elements were analyzed using exploratory spatial statistical methods. All secondary data used in this research are open data and all analyses were carried out using Geographical Information Systems. Exploratory spatial data analyses using GIS are Average Nearest Neighbor, Optimized Hotspot Analysis, Spatial Autocorrelation (Global Moran's I) and Geographically Weighted Regression.
 The analyses conducted in this study provided supporting evidence for theories of crime. The findings revealed that crimes tend to occur in close proximity to one another and cluster in specific neighborhoods and regions. This spatial concentration of crime supports the notion that criminals choose their locations intentionally or randomly. Furthermore, the study established a direct relationship between physical environmental elements and crime. Various physical factors such as inadequate street lighting, vacant and abandoned buildings, and sanitation code complaints were found to significantly contribute to the occurrence of crimes. These findings confirm the hypothesis that the deterioration of the physical environment can influence and contribute to increased criminal activity. Overall, the results of this study align with established theories of crime and provide empirical evidence for the significance of the physical environment in shaping criminal behavior.

Legal Studies Concerning the Implementation of Destruction of Confiscated Goods Proceeds of Narcotics Crime

The destruction of evidence in the form of narcotics is one of the efforts to prevent the eradication of narcotics abuse in Indonesia, including preventing the abuse of authority by officials who handle criminal cases and so on. One of the law enforcers who carry out efforts to combat narcotics crime is the Attorney General's Office. In carrying out the destruction of evidence obtained from narcotics crimes by the Prosecutor, the Prosecutor must comply with the procedures regulated by the laws and regulations in force in Indonesia as a legal basis for carrying out his roles and functions in order to achieve the goals and aspirations of eradicating narcotics and other addictive substances. The results of the study show that the prosecutor's authority as the executor in carrying out the destruction of confiscated goods resulting from narcotics crime is that the prosecutor has state power that is independent from the influence of government power and other powers. The destruction of confiscated goods to prevent the re-circulation of narcotics crimes in the community is to destroy the confiscated goods in the form of narcotics. Obstacles in the implementation of the destruction of confiscated narcotics crimes so as to provide the possibility of misappropriation of narcotic evidence are seen in aspects of law enforcement, if fulfilled then the law regarding narcotics crimes in the scope of implementing the destruction of narcotics confiscated goods will be considered to have been effective.

ASEAN States Cooperation in the Control and Prevention of Illicit Drugs Trafficking

The high modus operandi and increasing technological sophistication have implicate the transnational movement of illicit drug trafficking. The phenomenon of increased narcotics crime cases poses a threat to countries, including those in the ASEAN region. This type of crime poses a threat to the production and trade of illegal drugs. ASEAN, as a regional organization in Southeast Asia, is still facing several challenges, particularly the commitment of its member countries to combating illicit drug trafficking. Aside from funding issues, geographical location, cultural challenges, and social customs are all factors influencing the speed with which narcotics are handled. Several programs were initiated by each country in the ASEAN region with the primary goal of collaborating to reduce narcotics distribution and abuse. This article aims to analyze the sustainability of the ASEAN 2015 Drug-Free Program and the role of UNODC in the ASEAN region. The normative legal research method was used in this article, with primary and secondary legal sources. The article concludes that the program for dealing with narcotics crime begins with the ASEAN drug-free declaration, which harmonizes member countries' perspectives through their representatives to eliminate the cultivation, consumption, and trade of narcotics across national borders. As an international organization, UNODC (United Nations Office on Crime and Drugs) exists to facilitate cooperation and coordination through programs initiated with special narcotics agencies from each member country. Coordination between the two organizations is critical for the successful implementation of the program that has been initiated.

ANALISIS YURIDIS TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA SECARA MELAWAN HUKUM (Studi Kasus 84/Pid.Sus/2023/PN Mdn

Crimes whose perpetrators are subject to universal principles, which can be described as acts or crimes that are categorized as crimes against the enemy of humanity, include: narcotics crimes, terrorism, airplane hijacking, genocide, etc. This research contains narcotics crimes with Decision Number 84/Pid.Sus/2023/PN Mdn. This research uses secondary data or library materials only. This research is included in the library research category. The problem that the author wants to study is the stages of implementation of the decision process in case number 84/Pid.Sus/2023/PN Mdn. Declare that the defendant Eriko Alias Eko has been legally and convincingly proven guilty of committing the crime of "unlawfully or unlawfully acting as an intermediary in the sale and purchase of class I narcotics"; Sentencing the defendant to imprisonment for 5 (five) years and a fine of IDR 1,000,000,000.00 (one billion rupiah); Stipulating that if the fine is not paid it will be replaced by a prison sentence of 4 (four) month; Determines that the period of arrest and detention that has been served by the Defendant shall be reduced in full by the sentence imposed.

Penegakan Hukum Situasional Dalam Menangangi Tindak Pidana Penyelundupan Narkotika Di Indonesia

The rise of narcotics smuggling is a challenge for the Indonesian nation to deal with crimes that are transnational in nature and are extraordinary crimes. Law enforcement against the eradication of narcotics crimes has been ineffective and has not caused a deterrent effect for perpetrators even though the death penalty has been formulated as the ultimate remedium in criminal law. The main purpose of this study is to know and understand the extent of the effectiveness of law enforcement in Indonesia against narcotics crimes. The methods used in this study are sociolegal and qualitative data analysis. The result of the study is the need for situational law enforcement efforts in dealing with narcotics smuggling crimes to strengthen every component of law enforcement both from legal components, law enforcement officials, facilities and facilities, society and culture.Keywords: Law Enforcement; Smuggling; Narcotic.

TINJAUAN PUTUSAN DI LUAR SURAT DAKWAAN TERHADAP PERKARA TINDAK PIDANA NARKOTIKA DAN PENGABAIAN SEMA NOMOR 1 TAHUN 2017

<p><em>This research aims to find out the reasons for the judge’s decision outside the indictment against a narcotics crime case associated with the theories in the Criminal Procedure Code and also SEMA Nomor 1 Tahun 2017. This research was conducted using doctrinal or normative legal research methods that are perspective or applied by using primary and secondary legal sources which are certainly related to the topic. The collection of legal materials by means of a literature study and using a statutory approach and a conceptual approach with a deductive syllogism so that it can be found whether the judge can decide on a case of narcotics crime outside the indictment.</em></p><p> <em>Keywords:</em><em> </em><a href="/verstek/article/view/59752"><em>indictment, judge decision, narcotics crime case.</em></a></p>

IMPLEMENTASI PASAL 138 KUHAP BAB XV PENUNTUTAN TENTANG PEMBERKASAN PERKARA ATAS PENYIDIKAN DAN PENUNTUTAN SEBUAH PERKARA (STUDI DI KEJAKSAAN NEGERI JAKARTA TIMUR)

<p><em>This legal research aims to find out and examine problems regarding the implementation of Article 138 of the Criminal Code CHAPTER XV prosecution regarding the filing of cases for the investigation and prosecution of a case with study at (East Jakarta District Attorney), the entire process of which is included in the pre-prosecution process. This research is an empirical legal research that is descriptive in nature. Secondary data types include primary, secondary and tertiary legal materials. Primary data is the main data of this study. While secondary data is used to support primary data. Data collection techniques used were interviews and literature studies with qualitative analysis techniques. The research instrument was in the form of the provisions of Article 110 and Article 138 of the Criminal Procedure Code and Law number 8 of 1981 concerning Criminal Procedure Code, then the analytical technique used was the deductive method.</em><em> From the results of the study, a conclusion can be drawn that in the case of a narcotics crime case of the methamphetamine type with the case register number: BP/57/V/2022/Res.Narcotics at the East Jakarta District Attorney's Office, then the Public Prosecutor has applied the legal provisions of Article 138 of the Criminal Procedure Code. Where the process of</em> transferring the file by the <em>investigator to the Public Prosecutor has been carried out and according to the provisions of Article 110 and Article 138 paragraph (2) of the Criminal Procedure Code, the Public Prosecutor after examining the case file and stating that the file is incomplete.</em></p><p><em>Keywords</em><em>: <a href="/verstek/article/view/73081">Pre-prosecution, Implementation, investigating officer, East Jakarta District Attorney, Independence, Public Prosecutor, investigation, prosecution</a></em><em></em></p>

Model of Narcotics Criminal Investigation Authority between BNN and Police of the Republic of Indonesia Based on Justice Value

The purpose of this study is to analyze and discover a new concept of the authority of the National Police and the National Narcotics Agency in investigating narcotics crimes based on justice. The approach method used in this research is social legal research. This research uses primary data and secondary data. Data collection techniques through literature studies, interviews and questionnaires. The data collected was analyzed qualitatively. The results of the study found that the authority to investigate narcotics crimes regulated in Law Number 35 of 2009 concerning Narcotics is not balanced between the BNN and the National Police. The model of authority to investigate narcotics crimes, especially in the investigation stage by adopting the Pancasila values of justice, so that there is equality between Polri investigators and BNN investigators. In addition to the reconstruction of values, it is also necessary to reconstruct the regulatory norms for investigating narcotics crimes so that they are based on Pancasila values of justice, namely the addition of the word Polri investigator in Article 75, Article 80, Article 86, Article 106, Article 107 of Law Number 35 of 2009 concerning Narcotics, and the elimination Article 108 of Law Number 35 of 2009 concerning Narcotics, so that there is equality of authority between Polri investigators and BNN investigators in investigating narcotics crimes.

The Concept ff Handling Overcapacity in Prison Through A Restorative Justice Approach to Drug Abusers

The implementation of the coaching carried out by Prison for the inmates often becomes not optimal due to the complexity of the problems that occur within Prison. One of the root causes of issues at Prison is overcapacity. This paper then tries to see by analyzing the nature of narcotics crime as a particular crime and Indonesia's role in overcoming narcotics crime. Then also visit and explore the implications of overcapacity in Prison and concepts that can be applied to prevent overcapacity in Prison. The research method used in this paper is a normative juridical research method, with the data source used being secondary data obtained through library research. The study results indicate that narcotics crime as a particular crime is transnational and involves international crime organizations. Indonesia's role in overcoming narcotics crime can be seen from the regulation in Law Number 35 of 2009. In this regulation, sellers and dealers are given a high penalty, even death. Sentences should not be given to those who are called victims or addicts. The implications of overcapacity in Prison can result in non-optimal coaching due to the complexity of the problems that occur in Prison. Overcapacity is one of the root causes of issues at Prison. For this reason, it is necessary to apply a concept to prevent overcapacity from occurring in Prison by providing rehabilitation as a form of using restorative justice.

Legal sanctions against members of the National Police who Abusing Narcotics at Bengkulu Police Station

Today narcotics crime is seen as a crime that is an enemy of humanity, therefore countries in the world including Indonesia continue to struggle to eradicate this crime. The issues raised in writing this thesis are Law Enforcement Against Members of the Police Who Abuse Narcotics and Psychotropics, how to regulate and Criminal Sanctions against the National Police who commit Narcotics Crimes, and how to apply criminal sanctions and a code of ethics to the National Police as perpetrators of Narcotics Crimes. The research method used in this paper is the normative juridical research approach. The normative juridical method in which this research examines the literature or secondary data which includes books and legal norms contained in statutory regulations, legal principles, legal rules and legal systematics and also examines the provisions of statutory regulations and legal materials others. From this research it can be concluded that 1) The process of law enforcement against members of the police who are caught in cases of criminal acts of narcotics abuse is in accordance with the applicable laws and regulations, in which in the process all people are equal in the eyes of the law, even in law enforcement the suspects is a member of the police, the sentence can be more severe. This is because the suspect is a law enforcement officer who should carry out a position order to fight narcotics, but the suspect is involved in a criminal case of drug abuse. 2) The process of enforcing the police professional code of ethics against members of the police who are caught in criminal cases of narcotics abuse in fact has not been carried out properly where the police do not immediately take firm action against members who are caught in criminal cases of narcotics abuse, as if the police are still protecting their members and are considered after their members have tried in general court and found guilty of committing a narcotic crime.

Law Enforcement of Narcotics Abuse: Case Study of Investigation Process in Narcotics Criminal Acts in The Kolaka District National Narcotics Agency

Narcotics abuse recently has always increased, not only among adults but also among adolescents and children. The cause of this abuse consists of two factors, namely factor internal and external. Therefore, cases of drug abuse are increasing every year. This study was conducted with the aim to find out the form of law enforcement against narcotics abusers in the process of investigating narcotics crimes. The research method used in this study was normative juridical approach which is supported by empirical juridical by detailing the description and collecting primary data through interviews. The results of this study show that there are two forms of law enforcement against narcotics abusers, namely repressive law enforcement and rehabilitative law enforcement as regulated in Law Number 35 of 2009 concerning narcotics. Based on the interviews conducted, it is known that there are several obstacles in law enforcement on narcotics cases at the Kolaka National Narcotics Agency, namely the lack of personnel, the unresponsive community in providing information to investigators as the key to successful law enforcement and decreasing of operational costs in supporting facilities and infrastructure

Death Penalty for Criminal Actions in Indonesia in a Legal Perspective and Human Rights

Death penalty for perpetrators of narcotics crimes is one of the punishments that is debated in various international countries, especially in Indonesia, a very big reaction from the community and even international countries in responding and intervening in the imposition of capital punishment with various fundamental reasons that death penalty is one of the crimes. the most cruel, sadistic, and undignified. This study aims to analyze capital punishment for crimes in Indonesia from a legal and human rights perspective. The method applied in this study uses normative legal research, which is a way of writing based on an analysis of several legal principles and legal theories as well as laws and regulations that are appropriate and related to problems in legal research writing. Death penalty for perpetrators of narcotics crimes in a country based on Pancasila as the basis of the philosophy of the Indonesian state and the 1945 Constitution of the Republic of Indonesia as the Great State Norms or Basic Norms of the Unitary State of the Republic of Indonesia and certain statutory regulations that regulate them in law something positive that is upheld is not said to violate the provisions on human rights violations, especially the basic right to life which is continuously debated in various international conventions, this must continue to be implemented.

Urgency of Reform Asset Forfeiture Model of Narcotics Crime in Investigation

Purpose: The Narcotics Law as a foundation in law enforcement to eradicate illicit drug trafficking, is not effective enough in tackling narcotics crime, because the legal paradigm adopted in the narcotics law is oriented towards imprisoning the perpetrator (follow the suspect), while the assets resulting from narcotics crimes continue to be used for narcotics trafficking and distribution. The problem is what is the urgency of renewing the model of asset forfeiture from narcotics crimes? What is the ideal model of asset forfeiture from narcotics crimes?
 
 Design/Methodology/Approach: The research method used is a normative approach and empirical approach sourced from primary data and secondary data. Primary data is obtained by means of field studies and interviews while secondary data is obtained by means of literature studies. The data that has been collected is analyzed qualitatively.
 
 Findings: The urgency of updating the model of seizure of assets resulting from narcotics crimes must receive attention in criminal law policy, this is because the current mechanism is not adequate and even tends to use assets as an instrument of illicit drug trafficking, which should be maximized for the rehabilitation of drug addicts and abusers. The future model of asset forfeiture in relation to the renewal of the investigation for asset forfeiture of narcotics crimes is a model of asset forfeiture without punishment. This model is known as in rem forfeiture, or also known as civil forfeiture, and NCB asset forfeiture. The NCB model is essentially a suit brought against assets, not against persons. The action is separate from the criminal court, but only determines that the assets have been tainted by the criminal offense.