NARCOTIC CRIMINAL ACTS COMMITTEDBY POLICE PERSONNEL BASEDON LAW NUMBER 35 OF 2009ABOUT NARCOTICS

  • . Farahwati Faculty of Law, University of 17 Agustus 1945 Samarinda, East Kalimantan, Indonesia
  • Amin Slamet Faculty of Law, University of 17 Agustus 1945 Samarinda, East Kalimantan, Indonesia
  • Aqshal Fikri Ihsan Faculty of Law, University of 17 Agustus 1945 Samarinda, East Kalimantan, Indonesia
Keywords: Crime, Narcotics, Law Enforcement, Police

Abstract

The police as executors and law enforcers have the task of maintaining public order and security, upholding the law, and providing protection, protection, and service to the community based on the Republic of Indonesia Law Number 2 of 2002 Article 13. The existence of the police as the spearhead in the initial position of implementing the mandatory justice system carries out the duties and powers of a law enforcer. However, some police officers even take part in abusing their authority by taking part in using and distributing illegal drugs or narcotics. The research aims to examine: (1) the application of the Laws of Police Members Involved in Narcotics Crime Cases; and (2) criminal sanctions against members of the Police Involved in Narcotics Crime Cases. The research method used is normative juridical, namely legal research conducted using library research. The results of the study show thatthe legal process for police officers who are involved in narcotics criminal cases whose legal process goes through stages by the provisions of the criminal procedural law, both from the police agency, the prosecutor's office up to the trial process in general courts and the trial stages of the professional code of ethics, the process of dishonorable discharge (PTDH) based on Law Number 2 of 2002 concerning the Indonesian National Police and Indonesian National Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Indonesian National Police Code of Ethics Commission, and further To find out sanctions criminal offenses received by members of the Police who are involved in cases of criminal acts of Narcotics by Article 29 Paragraph (1) of Law Number 2 of 2002 concerning the Indonesian National Police in conjunction with Article 52 of the Criminal Code.

Downloads

Download data is not yet available.

References

[1] Law of the Republic of Indonesia No. 35 of 2009 concerning Narcotics Considering
[2] https://bnn.go.id/pengertian-narkoba-dan-bahaya-narkoba-bagi-kesehatan/ accessed Saturday 22 July 2023 at 18 WITA.
[3] Rodliyah and Salim HS. 2019. Special Criminal Law, Elements and Criminal Sanctions, PT RajaGrafindoPersada, Depok.
[4] WirjonoProdjodikoro. 2011. Principles of Criminal Law in Indonesia. Refika Aditama, Bandung.
[5] Explanation of Law Number 2 of 2002 concerning the Indonesian National Police.
[6] Barda Nawawi. 2005. Anthology of Criminal Law Policies, PT. Citra Aditya Bakti, Bandung.

LEGISLATION
The 1945 Constitution of the Republic of Indonesia.
Law Number 2 of 2002 concerning the Indonesian National Police.
Law Number 35 of 2009 concerning Narcotics.
Government Regulation Number 2 of 2003 concerning Disciplinary Regulations for Members of the Indonesian National Police.
Republic of Indonesia National Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Indonesian National Police Code of Ethics Commission.
Government Regulation of the Republic of Indonesia Number 1 of 2003 concerning Dismissal of Members of the Indonesian National Police.
Criminal Code.
The Criminal Procedure Code.


C. OTHER SOURCES
Rosmawati, 2015, "Juridical Review of Narcotics Abuse Against Members of the Police of the Republic of Indonesia in Central Sulawesi Based on Law Number 35 of 2009 Concerning Narcotics," Opinio Legal Science. Issue 05, Vol. 03, https://media.neliti.com/media/publications/.
https://kumparan.com/berita-update/alasan-peredaran-narkoba-makin-meluas-dan-cara-penPreventannya-1xL9BkNTyXJ/full/.
https://regional.kompas.com/read/2021/10/02/130729778/kronologi-terbongkarnya-11-polisi-berpangkat-bintara-til-perwira-jual/.
https://megapolitan.kompas.com/read/2023/01/12/05000061/deretan-perwira-polri-terjerat-narkoba-teddy-minahasa-yang-rank/.
Published
2023-08-09
How to Cite
Farahwati, ., Slamet, A., & Fikri Ihsan, A. (2023). NARCOTIC CRIMINAL ACTS COMMITTEDBY POLICE PERSONNEL BASEDON LAW NUMBER 35 OF 2009ABOUT NARCOTICS. GPH-International Journal of Social Science and Humanities Research, 6(07), 79-89. https://doi.org/10.5281/zenodo.8228944