PENEGAKAN HUKUM PIDANA TERHADAP PENGGUNA NARKOTIKA SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA DI POLRES BAUBAU

Abstract

Narcotics and the Psychotropic Law mandate the obligation to undergo
treatment and medication or rehabilitation for drug addicts. The provisions
regarding the "obligation" to undergo rehabilitation for users who experience
addiction, in the Psychotropic Law are regulated in Article 36 to Article 39 and
the Narcotics Law is regulated in Article 45. Narcotics users are both perpetrators
of criminal acts and at the same time as victims, based on Article 103 The
Narcotics Law, the Indonesian Supreme Court issued a breakthrough by issuing
several circular letters, including: Circular Letter of the Supreme Court of the
Republic of Indonesia (SEMA) No. 07 of 2009 concerning Placing Drug Users in
Therapeutic and Rehabilitation Institutions as outlined in Letter No. 07 / BUA.6 /
HS / SP / III / 2009 dated 17 March 2009 (hereinafter abbreviated as SEMA No.
07 of 2009); and Circular Letter of the Supreme Court of the Republic of
Indonesia (SEMA) No. 04 of 2010 concerning the Determination of Abuse, and
Narcotics Addicts into the Medical Rehabilitation and Social Rehabilitation
Institution (hereinafter abbreviated as SEMA No. 04 of 2010). As a result of
SEMA No. 07 of 2009 and continued with SEMA No. 04/2010 is related to the
enforcement of criminal law against narcotics users as perpetrators of narcotics
crimes at the Police Criminal Investigation Unit of Baubau Police, investigators
find it difficult to determine whether someone is caught red-handed with evidence
under SEMA No. 07 of 2009 is included in the category of users or addicts.
Because both are victims of the crime of narcotics crime. This difficulty occurred,
because many perpetrators were caught carrying as much drug evidence as
specified in SEMA No. 07 of 2009 is a recidivist, and even worse, the perpetrator
is a big-time drug dealer. Other obstacles are also faced by Baubau Police
Investigators in enforcing the narcotics crime law.
This research is a normative legal research which is descriptive analysis
research. Using data collection methods by means of library research, namely
collecting data from books, laws and regulations, scientific journals, and
magazines related to rehabilitation for narcotics abusers. Interviews were also
conducted to obtain secondary data. Sources of data use secondary data consisting
of primary legal materials, secondary legal materials, and tertiary legal materials.
Then analyzed using qualitative, abstractive, interpretative analysis methods.
The results showed that: The obstacles faced by the Narcotics Unit of the
Baubau Police in investigating narcotics crimes were as follows: SEMA No.
04/2010 cannot be categorized as statutory regulation, however, the SEMA binds
the judges who impose sentences, because the court is one of the elements in the
Criminal Justice System; Limitations of personnel, budget, and the ability of
investigators for the Narcotics Unit of the Baubau Police in conducting
investigations and investigations into narcotics crimes. There are only 6 (six)
personnel, however, not all of them can carry out investigations and investigations
because they already include leaders who are referred to as Unit Heads and Unit
Heads. Not to mention the ability of investigators to carry out investigations into
the circulation of narcotics; SEMA No. 04/2010 is often used by investigators to
release Narcotics Addicts, this is because the budget provided by the government
is not sufficient to carry out investigations. The solutions obtained to resolve the
obstacles faced by the Narcotics Unit investigators at the Baubau Police against
drug crimes are linked to SEMA No. 04 of 2010, namely: Reviewing SEMA No.
04/2010 and make implementing rules and technical regulations in terms of
rehabilitation as the implementation of Article 103 of Law No. 35 of 2009
concerning Narcotics, can be a Government Regulation; Increase personnel,
budget, and increase the capacity of investigators at the Baubau Police; Providing
counseling and socialization of the Draft Government Regulation on the
implementation of Article 103 of Law No. 35/2009 which is new to the public so
that people become aware of the new laws and regulations and do not become
blind to the law. It is better if the investigations and investigations carried out by
the Narcotics Unit of the Baubau Police are supported in terms of personnel,
budget, and enhancement of investigator capacity by the Southeast Sulawesi
Regional Police by adding personnel, increasing the budget and increasing the
capacity of investigators.
Keywords: Criminal Law Enforcement, Narcotics Users, Narcotics Offenders at
the Baubau Police.