Proof of the Main Actors of Narcotics Abuse in the Investigation Process

  • Fahri Fuad Master of Law, University of Muhammadiyah Palu, Indonesia
  • Syamsul Haling Master of Law, University of Muhammadiyah Palu, Indonesia
  • Muliyadi Muliyadi Master of Law, University of Muhammadiyah Palu, Indonesia
Keywords: Proof, Main Actors, Narcotics Crime, Investigation

Abstract

This study aims to provide knowledge to investigators to determine the main perpetrators in the criminal act of abusing narcotics illicit traffic in the investigation process. And to find out the investigator's strategy in proving the main perpetrators of narcotics crime abuse in the investigation process. The research method used is normative juridical and is carried out by descriptive analysis. Sources and types of data used are secondary data. The data collection technique uses literature study, and the data obtained will be analyzed qualitatively. The results of the research and discussion indicate that (1) In determining the qualifications of the main perpetrators of narcotics crime abuse in the investigation process, they must go through several stages, including receiving reports, conducting investigations, arrests, searches, confiscations, examination of suspects and witnesses, detention, and delegation. the case file along with the suspect to the prosecutor's office and in the investigation process must meet at least two valid pieces of evidence. (2) The investigator's strategy in proving the qualifications of the main perpetrators of narcotics crime abuse in the investigation process, namely: Investigators still refer to the basic elements of the article that are applied to the perpetrators; supervise investigators through online applications in a structured manner; improve IT-based intelligence facilities and infrastructure. and eliminate personal interests in handling the narcotics crime investigation process. The researcher's suggestions are (1) it is better if the terms of the main perpetrators of narcotics crimes are included in the law so as not to cause other interpretations of the main actors with couriers and abusers. (2) It is better for law enforcement officers to understand and realize that it is necessary to eliminate the behavior of some members of the National Police and BNN who are still deviant, tend to seek personal gain, by commercializing narcotics cases and some even being their backing, and so on.

References

1. Arif M. The duties and functions of the police in their role as law enforcers according to Law Number 2 of 2002 concerning the Police. Al-Adl J Huk. 2021;13(1):91–101.
2. Mustamin M. Study on the Causes of Drug Use Among Adolescents in Penana'e Village, Raba District, Bima City. J Ilm Mandala Educ. 2016;2(2):237–49.
3. Herindrasti VLS. Drug-free ASEAN 2025: Indonesia's challenges in overcoming drug abuse. J Hub Int. 2018;7(1):19–33.
4. ARIANDA F. The Role of Investigators in Conducting Investigations Against Drug Crime Perpetrators Among Adolescents Who Need Medical Treatment Due to Drug Addiction (Study at the Malang City Police). University of Muhammadiyah Malang; 2011.
5. Benuf K, Azhar M. Legal research methodology as an instrument to unravel contemporary legal problems. Gema Keadilan. 2020;7(1):20–33.
6. Marzuki M. Penelitian Hukum: Edisi Revisi. Prenada Media; 2017.
7. Jaseh CA. The right and obligation to report criminal acts according to article 108 of the criminal procedure law. LEX Crim. 2022;10(11).
8. Nusi HS. Arrest and Detention as a Forced Effort in Criminal Case Examination. Lex Crim. 2016;5(4).
9. Pinontoan MR. Transfer of Juridical Responsibilities of Detention by Investigators to Public Prosecutors. Lex Crim. 2013;2(5)
Published
2022-07-20
How to Cite
Fahri Fuad, Syamsul Haling, & Muliyadi, M. (2022). Proof of the Main Actors of Narcotics Abuse in the Investigation Process . International Journal of Health, Economics, and Social Sciences (IJHESS), 4(3), 222-231. https://doi.org/10.56338/ijhess.v4i3.2643
Section
Articles