International Journal of Civil Engineering and Technology (IJCIET) Volume 10, Issue 01, January 2019, pp. 2323-2340, Article ID: IJCIET_10_01_210 Available online at http://iaeme.com/Home/issue/IJCIET?Volume=10&Issue=1 ISSN Print: 0976-6308 and ISSN Online: 0976-6316

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LEGAL ANALYSIS OF ERADICATING NARCOTICS CRIME IN A CRIMINOLOGY PERSPECTIVE IN LABUHAN BATU REGENCY

Prof. Dr. Ediwarman, SH. M.Hum University of Sumatera Utara, Department of Criminal Law, Faculty of Law, Jl. Universitas No. 4. Kampus USU, 20155

ABSTRACT One of the behaviors that is a very dangerous social symptom in community is criminal act of narcotics. This narcotics crime is regulated in the Law of the Republic of No. 35 of 2009. This narcotics crime in is increasing every year, especially in in Labuhan Batu Regency from 2013 to 2018. This research aim to explain the application of the Law of the Republic of Indonesia No. 35 of 2009, and to overcome the constraints it is necessary to have a comprehensive system improvement how the police of Labuhan Batu Regency conducted legal counseling and positive activities in the community. However, the obstacles that occur in eradicating narcotics crimes in a criminology perspective, among others, are the limited police personnel, the breadth of work area, and the difficulty of support from the community. Moreover, the Labuhan Batu Regency area is so vast that it takes a large amount of money so that eradication is carried out completely to the source. In the meantime, the policy that has been implemented, among others, is that if the perpetrators are children, then their cases are handed back to their parents, and if their parents are gone then they are handed over to the rehabilitation center. Likewise with narcotics addicts, the perpetrators were handed over to rehabilitation institutions, but dealers in the drug case were processed to court Keywords: eradication of criminal acts, narcotics, criminology perspective Cite this Article: Prof. Dr. Ediwarman, SH. M.Hum, Legal Analysis of Eradicating Narcotics Crime in a Criminology Perspective in Labuhan Batu Regency, International Journal of Civil Engineering and Technology, 10(1), 2019, pp. 2323- 2340. http://iaeme.com/Home/issue/IJCIET?Volume=10&Issue=1

1. INTRODUCTION The Police Agency of the Republic of Indonesia is a government organ that is designated as an institution and is given the authority to carry out its duties and functions based on

http://iaeme.com/Home/journal/IJCIET 2323 [email protected] Agus Tripriyono, Sirojuzilam, Erlina & Agus Purwoko legislation. (1) Thus the notion of implementing government functions carried out by the Police of the Republic of Indonesia includes actions and authority to carry out tasks starting from the center to the regions, and that every action taken by this institution is a state action carried out in order to guard and maintain security and order of society. The organization of the Police of the Republic of Indonesia at the central level is called the National Police Headquarters of the Republic of Indonesia (MABES POLRI), while at the regional level it is called the Regional Police (Polda) at the Provincial level and the Resort Police (Polres) at the Regency / City level. In this study, the position of the Police in Indonesia is described along with their duties and authority as law enforcement officers in the community. This institution is responsible for safeguarding and eradicating all the crimes that exist in the community, especially criminal acts and the illegal circulation of narcotics according to the Law of the Republic of Indonesia No. 35 of 2009. According to the Law of the Republic of Indonesia No. 35 of 2009, narcotics are substances or drugs derived from plants or non-plants in the form of synthesis or semi- synthesis which can cause a decrease or change in consciousness, loss of taste, reduce to relieve pain, and can cause dependence which is divided into groups. (2) Narcotics of group one is prohibited to be used for the benefit of health services. Narcotics of group one can be used in limited quantities for the benefit of developing science and technology and for diagnostic reagents and laboratory reagents after obtaining Ministerial approval and recommendations from the Head of the Food and Drug Supervisory Agency. What is meant by the crime of narcotics abuse is any crime that causes a negative impact from the act and violates the Law of the Republic of Indonesia No. 35 of 2009. Examples of narcotics crimes, among others, are abuse of narcotics and narcotics precursors, illicit drug trafficking, and other acts that violate the Law of the Republic of Indonesia No. 35 of 2009 concerning narcotics. Therefore, there needs to be a severe criminal sanction for the perpetrators because the network of criminal acts and illicit drug trafficking is so widespread that it occurs in almost all parts of Indonesia. In this case, it is no exception with the North Sumatra Regional Police in charge of the Police of in Labuhan Batu Regency, especially the Police Resort of Rantau Prapat city.This Police Resort is responsible for Marbau District, Aek Kuo District, Aek Natas District, and the other 8 districts to carry out police functions and duties according to the law in order to eradicate crime, especially criminal acts and illicit trafficking of narcotics. Criminal acts and illicit trafficking of narcotics have spread widely, not only in urban areas but also in rural areas; examples have occurred in remote areas within Labuhan Batu Regency such as Marbau, Aek Kuo, and Aek Natas districts. The Marbau District is a remote area in the northern part of Labuhan Batu Regency compared to 7 (seven) other districts within this regency area. According to information obtained from the local community this Marbau district is very vulnerable to criminal acts and illicit trafficking of narcotics. By seeing an increase in criminal cases in the form of criminal acts and illicit circulation of narcotics in this area, the authors are determined to carry out this research in North Sumatra Province, especially Labuhan Batu Regency. In criminology perspective research, the study will be conducted on various cases that cause the emergence of criminal acts of narcotics in Labuhan Batu Regency based on internal (which are inside individuals) and external (which are outside the individual) (3) factors, and what efforts must be made to overcome them in terms of Pre-emptive, Preventive, Repressive and Reformative. (4) Then it will be reviewed about the policies implemented by the Resort of Rantau Prapat City Police in overcoming narcotics crime from the perspective of penalty

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(law) and non-penalty (outside the law). Thus, what are examined in this study are first: how the application of the Law of the Republic of Indonesia No. 35 of 2009 concerning narcotics by Police Resort of Rantau Prapat City in Labuhan Batu Regency from a criminology perspective; second: factors that cause crime and the illicit circulation of narcotics in Labuhan Batu Regency of North Sumatra Province; third: how efforts to combat and eradicate criminal acts and illicit trafficking of narcotics in Labuhan Batu Regency by Police Resort of Rantau Prapat city are examined; and fourth: what policy was taken by Police Resort of Rantau Prapat City to address the crime and illicit trafficking of narcotics.

1.1. Research Question Based on the background above, the problems that will be examined in a period of two years can be formulated here. 1. How is the implementation of Law No. 35 of 2009 concerning narcotics by the National Police of the Republic of Indonesia in Rantau Prapat City Resort in Labuhan Batu Regency, North Sumatra Province. 2. What are the causes of criminal acts and illicit trafficking of narcotics in Labuhan Batu Regency of North Sumatra Province by a criminology perspective? 3. How is the handling effort carried out by the National Police of the Republic of Indonesia of Rantau Prapat City Resort in North Sumatra Province to eradicate criminal acts and illicit trafficking of narcotics? 4. What is the policy formulated by the National Police of the Republic of Indonesia of Rantau Prapat City Resort to overcome criminal acts and illicit trafficking of narcotics.

2. LITERATURE REVIEW

2.1. The Definition of Narcotics in the Law of the Republic of Indonesia No. 35 of 2009 Soerdjono Dirjosisworo stated that narcotics are substances that can cause certain influences for those who use them by entering them into the body. The influence can be in the form of anesthesia, loss of pain, stimulation, enthusiasm, and hallucinations, or the emergence of delusions. These properties that are known and found in the medical field have a purpose and are used for treatment and human interests in the medical field when performing surgery and relieving pain.(5) Smith Kline from French Clinical staff stated that narcotics are substances or drugs that can cause unconsciousness or anesthesia because they work to affect the central nervous system. In terminology, some of the meanings contained in the Law of the Republic of Indonesia No. 35 of 2009 are: 1. Narcotics are substances or drugs originating from plants and non-plants with synthetic and non-synthetic properties that can cause a decrease or change in consciousness, loss of sense, reduce to eliminate pain and can cause dependence which are divided into groups as attached to this law. 2. The narcotic precursors are substances or basic ingredients or chemicals that can be used to make narcotics which are distinguished in the table as attached to this law.

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3. The illicit trafficking of narcotics and the narcotics precursor is any activity or a series of activities which are done unauthorized and unlawful are defined as criminal acts of narcotics and narcotics precursors. The objectives of the Narcotics Law are: 1. To guarantee the availability of drugs for the benefit of health services and / or the development of science and technology. 2. To prevent, protect and save the Indonesian people from narcotics abuse. 3. To eradicate illicit trafficking of narcotics and narcotic precursors. 4. To ensure the regulation of medical and social rehabilitation efforts for the drug abusers and addicts. The classification of narcotics in Law No. 35 of 2009 is: 1. Narcotics of Group I are a narcotics which can only be used for the purpose of developing knowledge and is not used in therapeutic medicine and has high potential to cause dependency. 2. Narcotics of Group II are narcotics that are efficacious for medicine and are used as a last resort and can be used in therapy and / or for the purpose of developing knowledge and have the potential to cause dependency. 3. Narcotics of Group III are narcotics that are efficacious for treatment and are widely used in therapy and / or for the purpose of developing knowledge and have the potential to cause dependency.(6)

2.2. Effect of Unauthorized and Unlawful Use of Narcotics Narcotics if produced or circulated by unauthorized people is an unlawful act and according to the Law of the Republic of Indonesia No. 35 of 2009 concerning narcotics can be punished by imprisonment and even capital punishment, which is also included in this case is using narcotics unauthorized which endangers human lives, especially the younger generation. Examples of narcotics are opioids or opiates. Opiate comes from the word 'Opium' which is an extract from the flower of Opium. Opioids are derivatives of Opium, a synthetic narcotic that works similar to Opiates but is not obtained from Opium. Natural opiates, or opiates synthesized from natural Opiates are Heroin (Diethyl Morphine), Codeine (3-Methoxy Morphine) and Hydro morphine. When people use this substance it is certain that they will experience slowing and impaired speech, night vision problems, liver and kidney disorders, and a high risk of HIV and hepatitis as a result of infection through the use of unsterile needles. The most unfortunate as the last effect is death due to overdose. In addition, changes in behavior will occur with the use of these substances such as apathy, dysphonia, agitation, psychomotor degradation or impaired social function. After being used for a long time and the user then no longer wants to use it he or she will experience difficulties because they have to deal with severe muscle cramps, bone pain, diarrhea, abdominal cramps, rhinorrhea, laximacyphyloerection, fever, pupillary dilation, tachycardia hypertension, dysregulation, hypothermia and hyperthermia.(7) The effects and influences of narcotics on people who use or consume them are the same as using drugs where the narcotics will have the following effects: 1. Affects consciousness. 2. Provide encouragement that can affect human behavior. 3. These effects can be in the form of:

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a. Tranquilizer. b. Stimulants but not sexual stimuli. c. Causes hallucinations which mean that the user is unable to distinguish between imagination and reality, losing consciousness of time and place. The effects of narcotics, among others, are as follows: 1. Depressant is to relax or reduce the activity of the central nervous system used to calm the nerves of someone to be able to sleep or rest. 2. Stimulants are those that increase the activity of the central nervous system so that it stimulates and enhances a person's physical abilities. 3. Hallucinogens which cause feelings that are not real or pleasant fantasies. 4. Damage to the central nervous system and also organs such as the liver and kidneys. 5. The onset of skin diseases such as red spots on the skin, scabies and so on. 6. Weak physically, morally and thoughtfully. 7. There is a tendency to commit social irregularities in the community such as lying, fighting, and free sex and so on. 8. Dissociative activities arise such as stealing, picking, robbing, etc. to get money to buy narcotics with higher doses.(8)

2.3. Types of the Narcotic Crime In general, what is meant by narcotics is a type of substance that can cause certain effects on people who use it by entering it into the body.At the beginning of the discovery of narcotics by humans, its use was intended for the benefit of mankind, especially in the fields of science and medicine.(9) The type of narcotics criminal acts which are commonly known are as follows: 1. Overdose. This can be caused by various things described above. 2. Unauthorized circulation of narcotics by people who are members of an unauthorized organization or illicit trafficking chain of narcotics at national and international levels. 3. Unauthorized sales and purchases made by people which are unlawful actions according to Law No. 35 of 2009 concerning narcotics, where this is generally based on motivation to seek large material benefits but also on the basis of seeking self- satisfaction. These three forms of criminal acts of narcotics can be the cause of various other types of crime and violations of law which directly lead to demoralization of the community, especially children and adolescents as users who, among others, can commit crimes such as: 1. Criminal act of murder 2. Criminal act of theft 3. Criminal act of robbery 4. Criminal act of extortion 5. Criminal act of rape 6. Criminal act of fraud 7. Traffic violations 8. And others(10)

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2.4. Categories of Illegal Acts in the Law of the Republic of Indonesia No. 35 of 2009 Concerning Narcotics (Criminal Acts of Narcotics) There are various criminal acts of narcotics stipulated in the Law of the Republic of Indonesia No. 35 of 2009, namely in Chapter XV of Articles 111 to 148.According to the explanation for this law, all criminal acts mentioned therein are crimes on the grounds that narcotics are only intended for medical therapy and for the benefit of scientific development. Therefore, if there are actions outside the interests intended above, it is a crime considering the impact caused by unauthorized and unlawful use of narcotics is very dangerous for human life, including children and adolescents as the younger generation.(11) In the Law of the Republic of Indonesia No. 35 of 2009 concerning narcotics there are 4 categories of deeds that violate the law and thus are prohibited, namely: 1. Category I - Unauthorized and unlawful actions by possessing, storing, controlling or providing narcotics or narcotic precursors. 2. Category II - Unauthorized and unlawful actions by producing, importing, exporting or distributing narcotics or narcotic precursors. 3. Category III - Unauthorized and unlawful actions by offering to sell, sell, buy, receive, mediate in the sale and purchase, exchange, or hand over narcotics or narcotic precursors. 4. Category IV - Unauthorized and unlawful actions by carrying, sending, transporting, or transferring narcotics or narcotic precursors.(12) If there is a crime, especially the criminal act of narcotics, the entity that has the right to eradicate it is law enforcement officers, especially the National Police of the Republic of Indonesia because this is related to their functions and duties according to the Law of the Republic of Indonesia No. 2 of 2002 concerning the National Police of the Republic of Indonesia. In addition to its duty to enforce the law, the National Police of the Republic of Indonesia must also eradicate social diseases within the community including criminal acts and illicit trafficking of narcotics.

2.5. Criminological Theories about Factors That Cause Crime In the criminology perspective there are several schools of criminal etiology (factors that cause crime), namely:

2.5.1. Anthropology School This school is developing in Italy in which the figure is C. Lombrosso. He stated that the characteristics of a criminal can be seen from his physical condition that is different from others (Genus homodelinquent) such as skull abnormalities, namely asymmetrical, wide facial features, sloping face, pug nose, back arched forehead, thick hair, and if he or she is old he or she will be bald in the middle of the head.

2.5.2. Environmental School This school first developed in France with figures such as Lamarck, Tarde, Monourier and A. Lacassagne. According to this school someone commits a crime because it is influenced by environmental factors such as the economy, social, culture, defense and security and culture and also includes the development of the outside world as well as new technological discoveries. According to the environmental school, improvement in the surrounding environment is very important if you want to reduce or eradicate crimes that arise in society.

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2.5.3. Bio sociology School Figures in this school are A.D. Prinz, Van Hamel, D. Simons, and Ferry. Actually Bio sociology School is a combination of anthropology and sociology schools, therefore the teachings are based on: a. Factors such as the psychic and physical state of the criminal and environmental factors. They are obtained as inheritance from parents, body condition, gender, age, intellectual, temperament, health, and liquor. b. Environmental factors encourage a person to commit a crime which includes the state of nature (geographical and climatological), economic conditions, the level of civilization, the political situation of a country, for example, an increase in crime in the run up to elections.

2.5.4. Spiritualism School The figures in this school are F.A.K. Krauss and M. de Baets. According to figures, the absence of a religion that a person adheres to is a factor in the occurrence of crime in the sense that a person becomes evil because of his lack of religion or lack of religious observance.

2.6. Factors Causing Criminal Acts of Narcotics According to the results of a study of A.R. Sujono and Bony Daniel, factors that cause the occurrence of criminal acts of narcotics, among others, are:

2.6.1. Individual Factors In individuals there are aspects of personality and anxiety factors (depression). In the aspect of personality, it includes personalities who are curious, easily disappointed, impatient and inferior. Meanwhile the factor of anxiety or depression is because someone is unable to resolve life's difficulties so that he fled into the use of narcotics, psychotropic substances, and other addictive substances.

2.6.2. Socio-cultural Factors Socio-cultural factors come from family or household conditions and the influence of friends. Family conditions that are not harmonious, divorced parents, parents who are too busy and rarely at home, and family economies that are excessive or lacking are among them.

2.6.3. Environmental Factors Included here is a social environment that is not good or does not support children's psychological development, and lack of attention to children can also encourage the child to become a drug user.

2.6.4. Narcotics factors themselves This means that it is very easy to get narcotics and also supported by the factors mentioned above. These all complement each other to cause criminal acts and illicit trafficking of narcotics. (13)

2.7. Crime Management Methods Police duties according to Van Vollenhoven in the book 'Staatsrecht oversee' are: 1. Passively monitor the implementation of public obligations of citizens.

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2. Actively investigate the lack of implementation of public obligations of citizens. 3. Forcing citizens with judicial assistance so that their public obligations are carried out. 4. Doing natural coercion for citizens to carry out their public obligations without judicial assistance. 5. Take responsibility for everything that has been done or not done. To create a safe, orderly and peaceful society, one of the efforts made is the establishment of an institution that has the duty and responsibility for guard and maintains security and order of society. Based on Article 13 of the Law of the Republic of Indonesia No. 2 of 2002 concerning the National Police of the Republic of Indonesia, these duties and responsibilities were carried out by the National Police of the Republic of Indonesia.(14) Prevention or eradication of crime is an effort made by the National Police of the Republic of Indonesia. There are 4 methods to deal with crime that can be done in a criminology perspective, namely:

2.7.1. Pre-emptive method This method is carried out morally, meaning that it cooperates with community leaders and religious figures in disseminating religious norms or teachings so that people are expected to curb their passions to commit crimes. In this method, in addition, disciplinary guidance is also provided to adolescents as the younger generation such as conducting legal counseling to junior high school, senior high school, and college students in the form of lectures on the crime of narcotics abuse so that they can guard themselves from the danger of criminal acts of narcotics.

2.7.2. Preventive method In this method crime prevention measures are carried out such as conducting raids on students of junior high school, senior high school, and college students in public places such as malls, plazas, karaoke venues, discotheques, billiard places and so on so that the students are free and protected from the target of those who want to do evil by circulating narcotics and other illegal drugs (narcotics, psychotropic substances and other addictive substances)

2.7.3. Repressive method This method is applied to those who have committed crimes in the form of criminal acts and illicit trafficking of narcotics. Even though they are still young and belong to children aged around 13-16 years (referred to as children in conflict with the law), but because they have committed criminal acts and illicit trafficking of narcotics, repressive actions must be taken against them. Juvenile actors or victims will be processed by the National Police of the Republic of Indonesia and some will proceed to the courts according to law enforcement procedures according to the laws that apply to them, namely the Law of the Republic of Indonesia No. 35 of 2014 concerning changes to the Law of the Republic of Indonesia No. 23 of 2002 concerning child protection and the Law of the Republic of Indonesia No. 11 of 2012 concerning the juvenile criminal court system.

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2.7.4. Reformation method This method is intended to reduce recurrent crime (recidivists).(15)

3. RESEARCH METHOD The type of this research is a normative legal study. Normative law study is a scientific procedure for finding truth based on legal scientific logic from a normative point of view.(16) In the normative legal study method the description is given which contains, first, type of research, second, problem approach, third, legal material, fourth, legal material collection procedure, and fifth, processing and analysis of legal material. In normative legal studies a study of the principles of criminal law is carried out and synchronization of legal rules and theories and doctrines related to criminal acts and illicit circulation of narcotics, eradication efforts by the National Police of the Republic of Indonesia of North Sumatra Province in particular National Police of the Republic of Indonesia of Rantau Prapat City Resort for Labuhan Batu Regency. In the problem approach a legislative approach is used in the form of an analysis of legal materials related to the problem, a conceptual approach by examining concepts and doctrines of law, an analytical approach to find out the meaning contained in primary, secondary, and tertiary legal materials. The legal approach is mainly to the Law of the Republic of Indonesia No. 2 of 2002 concerning the National Police of the Republic of Indonesia and the Law of the Republic of Indonesia No. 35 of 2009 concerning narcotics. The research location and sample are Labuhan Batu Regency of North Sumatra Province, while the sample is the National Police of the Republic of Indonesia of Rantau Prapat City Resort of Labuhan Batu Regency as well as a perpetrator of criminal acts and illicit trafficking of narcotics. The data collection tool is guidance on interviews, questionnaires, observations, and literature studies (documentary studies). In this study, direct research was conducted on the local community (field research) related to the problem. To collect primary data, in-depth interviews and administration of questionnaires were carried out. Related institutions are the National Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency, Junior High Schools and Senior High Schools in Labuhan Batu Regency and community and religious leaders also met by researchers. Qualitative analysis is carried out on collected data such as primary, secondary, and tertiary data which are then tabulated. To draw conclusions in order to answer the problem formulation, qualitative analysis is carried out using inductive and deductive methods with the aim of obtaining comprehensive conclusions from each of the problems examined in the criminology perspective approach to eradicating criminal acts and illicit circulation of narcotics in Labuhan Batu Regency of North Sumatra Province, so that from that analysis steps and efforts will be found to combat and eradicate criminal acts and illicit trafficking in narcotics in North Sumatra Province, especially Labuhan Batu Regency. a. Research Method in the form of Fishbone diagram:

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4. DISCUSSION

4.1. Application of Law No. 35 of 2009 About Narcotics by the National Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency Law No. 35 of 2009 as part of positive law has been declared valid on October 12, 2009 and promulgated by placement in the State Gazette of the Republic of Indonesia of 2009 Number 143. In implementing this law the role played by the Police of the Republic of Indonesia is in accordance with structural procedures according to the Law of the Republic of Indonesia No. 2 of 2002.In eradicating the crime of narcotics, the Police of the Republic of Indonesia of North Sumatra Province, especially Rantau Prapat City Resort in Labuhan Batu Regency has carried out its functions well even to remote areas in Labuhan Batu Regency as law enforcement officers.It is proven by the handling of criminal acts of narcotics by the Police of Labuhan Batu Resort from 2013 to 2018 that the number of cases is quite large: marijuana, crystal meth, ecstasy pills, and H-5 pills that continue to increase year after year. The full picture can be seen in the table below.

Table 1 Data on Case Handling of Criminal Acts of Narcotics by the Police of Labuhan Batu Resort in 2013-2018

The number of cases Number of cases No. Year Number of suspects uncovered resolved 1 2013 158 144 237 2 2014 217 188 313 3 2015 273 299 404 4 2016 367 313 476 5 2017 544 508 644 2018(per 6 288 211 376 July) Data source: Drug Investigation Police of Labuhan Batu Resort dated August 14, 2018 From the data handling mentioned above in the case of the criminal acts of narcotics that occur, the materials of evidence that have been confiscated, among others, are:

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Table 2 Data on Materials of Evidence in the Case of Criminal Acts of Narcotics in Police of Labuhan Batu Resort in 2013-2018 Materials of Evidence No. Year Marijuana Crystal meth Ecstasy Pill H-5 Pill

1 2013 20,412.99 gr 442.19 gr 123 - 2 2014 83,495.53 gr 399,565 gr 42 -

3 2015 70,103.53 gr 1,768.81 gr 1,388 200

4 2016 111,017.42 gr 6,183.19 gr 691 ½ - 5 2017 151,349.40 gr 2,525.31 gr 2,007 6

2018 (per 6 98,490.08 gr 15,024.43 gr 24,583 ½ - July)

Data source: Drug Investigation Police of Labuhan Batu Resort dated August 14, 2018 From the table above it can be seen that the number of cases revealed by the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency since 2013 were 158 cases and the cases that were resolved were 144 with suspects 237 people; the materials of evidence are: marijuana of 20,412.99 gr, crystal methof 442.19 gr, and ecstasy pills of 123. In 2014 the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency had revealed 217 cases and cases that had been resolved were 188 with a total of 313 suspects, and the types of materials of evidence were: marijuana of 83,495.53 gr, crystal meth of 399,565 gr and ecstasy pills of 42.Likewise in 2015 the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency has revealed as many as 273 cases and cases that have been completed as many as 299 with the number of suspects 404 people, and the types of materials of evidence are: marijuana of 70,103.53 gr, crystal meth of 1,768.81 gr, ecstasy pills of 1,388, and H-5 of 200 pills. Then in 2016 the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency also revealed 367 cases and cases that had been completed as many as 313 with the number of suspects 476, and the types of materials of evidence were: marijuana of 111,017.42 gr, crystal meth of 6,183.19 gr, and ecstasy pill of 219 1/2.Then in 2017, the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency has revealed as many as 544 cases and cases that have been solved as many as 508 with a total of 644 suspects, with the types of materials of evidence are:marijuana of 151,349.40 gr, crystal meth of 2,252.31 gr, ecstasy pills of 2,077, and H-5 of 6 pills. That in 2018 (as of July) the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency has revealed as many as 288 cases with 211 cases solved with a total of 376 suspects, and the types of materials of evidence are: marijuana of 98,490.08 gr, crystal meth of 15,024.43 gr and ecstasy pills of 25,583 1/2.Most of the crimes of narcotics mentioned above are carried out by adults, while the children involved during the last 5 years are as follows: 1. In 2013 there were 9 children involved in narcotics cases. 2. In 2014 the children involved in narcotics cases were 16 boys and 2 girls

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3. In 2015 there were 13 children involved in narcotics cases. 4. In 2016 there were 22 children involved in narcotics cases. 5. In 2017 the children involved in narcotics cases were 22 boys and 1 girls 6. In 2018 there were 11 children involved in narcotics cases. Even though the success of the Police of the Republic of Indonesia of Rantau Prapat Resort in Labuhan Batu Regency is evident, there are still many obstacles faced in law enforcement for criminal acts of narcotics which, among others, include: 1. Lack of funds to eradicate the increasing crime of narcotics. 2. Lack of cooperation between the police, the government and the community. 3. The difficulty of finding materials of evidence is because of the vast area of Labuhan Batu Regency. 4. The available budget for law enforcement against criminal acts of narcotics by the Police of the Republic of Indonesia of Rantau Prapat Resort in Labuhan Batu Regency is very limited. 5. Lack of police personnel. 6. Because the area handled is so extensive, there are still many trails that can be a place of escape for the perpetrators of criminal acts of narcotics.

4.2. Factors Causing the Emergence of Criminal Acts of Narcotics in Labuhan Batu Regency Based on the results of the study, various factors found to cause criminal acts of narcotics that occur in Labuhan Batu Regency can be grouped into: 1. Internal factors of the perpetrator, and 2. External factors of the perpetrator.

4.2.1. Internal factors (contained in individuals) Some of the factors that cause the occurrence of criminal acts of narcotics in Labuhan Batu Regency are within the individual itself, thus causing him to fall into the criminal acts of narcotics. These internal factors include: a. Selfish This is a trait that is possessed by every person where this trait often dominates when someone is consciously using and circulating narcotics.At a time when this selfishness can encourage someone to have or enjoy fully what can be produced by narcotics, for example the perpetrators of criminal acts of narcotics sell 1 gram of crystal meth to get Rp.1,000,000. Imagine if more were sold, they would get a higher income. b. Free will This nature is essentially a basic trait owned by the community / criminal offender, while in the social order of society there are many norms that limit this free will.Free will arises and manifests into behavior when someone is overloaded with thoughts and feelings. In this case the person then interacts and deals with narcotics, and he will very easily fall prey to the crime of narcotics. c. Mental shock This mental shock generally occurs because of the pressures faced which cause a mental state of being unstable and easily involved in criminal acts of narcotics.

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d. Curiosity Race wants to know this is essentially more dominant in young children who want to try and enjoy narcotics, and this can encourage them to commit criminal acts of narcotics. e. Disharmony in the family The disharmony in the family can encourage someone to commit criminal acts of narcotics to fulfill his daily lives. f. Low income of the community Low people's income can encourage people to take illegal actions by selling / trading narcotics to earn a substantial income.

4.2.2. External factors (outside the individual) External factors of the perpetrators of criminal acts of narcotics are from outside themselves which, among others, include: a. Economic factors. These economic factors can be divided into 2 (two) groups: 1. Good economy. 2. Poor economy or poverty. In a good economic situation people can reach or fulfill their needs easily. Also, on the contrary, if the economic situation is lacking, people are very difficult to fulfill their life needs, and they will try to get out of the economic crush. In relation to narcotics, if the economy of people is classified as in good condition, they can accelerate their desire to get to know and enjoy narcotics. Whereas the economically difficult can also do this but the possibility is smaller. Because narcotics have a variety of prices, in any economic situation the narcotics can circulate and a criminal act can naturally occur. b. Social and environmental factors of society These social factors basically occur in the environment where the community lives, the school environment, workplace or other social environment.The three environments can have a negative effect on someone, meaning that the consequences caused by interaction with the environment can result in good deeds and vice versa. If narcotics can be easily obtained in the social environment, the tendency to commit criminal acts of narcotics will be stronger. c. Easy to get The convenience here is that because there are many types of narcotics circulating on the black market in the community, there will be a greater likelihood of criminal acts of narcotics. d. Poor supervision The supervision referred to here is the control of the supply of narcotics, their use and circulation. So not only includes supervision carried out by the police but also by the community. In this case, the lack of supervision has resulted in an increasing circulation of narcotics in the community and people should participate intensively in monitoring this crime of narcotics. e. Social conditions are not liked People who are crushed by social conditions, narcotics can be a means to escape from the crush even though it is temporary. But people who have insight, money and so on not only

http://iaeme.com/Home/journal/IJCIET 2335 [email protected] Agus Tripriyono, Sirojuzilam, Erlina & Agus Purwoko can use narcotics as a tool to break away from the crush of social conditions but furthermore it can be used as a tool to achieve certain goals.

4.3. Handling Measures That Have Been Done by the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency of North Sumatra Province in Eradicating the Criminal Act of Narcotics Handling efforts that have been made by the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency of North Sumatra Province in eradicating criminal acts of narcotics are, among other things, by the following methods:

4.3.1. Pre-emptive Method This effort is to prevent the crime of narcotics from happening, namely: a. The cultivation of morality, namely the police in collaboration with community and religious leaders in Rantau Prapat City of Labuhan Batu Regency to further spread the norms of decency and religion to the community so that they can curb lust for not committing criminal acts of narcotics. b. Providing guidance on discipline to adolescents by the Police of Rantau Prapat City Resort in Labuhan Batu Regency in the form of counseling to Junior High Schools, Senior High Schools, and universities on narcotics crimes that are deemed necessary to protect themselves from drug users on Rantau Prapat City.

4.3.2. Preventive Method With this method the police prevent the occurrence of criminal acts of narcotics in people who have seen a tendency towards it. This, for example, is carried out by conducting raids on students of high school and college students, because they often appear at the time of learning to roam in crowded places such as supermarkets, entertainment venues, cafes, and so on.

4.3.3. Repressive Method This method is applied by the police to those who have committed criminal acts of narcotics. Even though they are still classified as children, if they are already involved in a crime of narcotics, they must be dealt with, and then processed in accordance with applicable legal procedures.

4.3.4. Reformation Method In this method the police have conducted a method aimed at reducing narcotics crime so that it does not occur repeatedly (recidivist). The efforts made by the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency to eradicate the criminal acts of narcotics are quite successful.

4.4. Policy Taken by the Police of the Republic of Indonesia in Law Enforcement against the Crime of Narcotics in Labuhan Batu Regency There are 2 (two) policies taken by the Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency in overcoming criminal acts and illicit trafficking of narcotics, namely:

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4.4.1. Legal policy The legal approach is a way of utilizing criminal facilities as stipulated in the Law of the Republic of Indonesia No. 35 of 2009 or criminal sanctions given to people who have committed criminal acts of narcotics for their actions.This legal policy is always related to 3 (three) points which include: a. The overall principles and methods that form the basis of the reaction to narcotics crimes are criminal acts. b. The entire function of law enforcement officials includes the workings of the police, prosecutors and courts. c. All policies aimed at enforcing basic norms of society. This means that legal policy is a rational effort of the community in the handling of criminal acts of narcotics. The use of criminal facilities means using forced efforts possessed by criminal law through the criminal justice system.According to Mardjono Reksodiputro criminal justice system is a crime control system consisting of institutions of the Police, Prosecutors, Courts, and Prisons. The operational steps of criminal politics by using good legal facilities are carried out by: a. stipulation of legislation or can also be called legislation policy in which there is a policy setting; b. what actions should be made a crime (criminalization policy); c. what sanctions should be used or imposed on the offender (penalty policy / punishment policy); d. the application of criminal justice by a court or called the judiciary policy; e. the implementation of criminal law by the apparatus implementing criminal law is also called execution policy. Thus, the use of legal facilities must pay attention to national development goals, namely to realize a just and prosperous society, which is materially and spiritually equitable based on Pancasila. So the use of criminal law aims to overcome the crime of narcotics and to reduce the crime itself for the welfare and service of the community.

4.4.2. Nonlegal Policy The non-legal approach taken by the Police of Rantau Prapat City Resort in Labuhan Batu Regency aims to improve certain social conditions, but does not directly have a positive effect on narcotics crimes. Efforts to overcome narcotics crime by non-legal channels are more administrative sanctions. These administrative sanctions are reparative or corrective, which means that to correct a situation so that it is no longer carried out by the person concerned or other people and repressions that are all things are returned to the ethical situation before the crime occurs. The main target of efforts to combat crime by non-legal channels is to deal with conducive factors which, among others, are centered on problems or conditions that can directly or indirectly generate or foster crime.If viewed from the perspective of criminal politics, non-legal efforts occupy a key and strategic position of the overall non-legal political effort. However, failure to work on this strategic position would have fatal consequences for the police in an effort to overcome the crime of narcotics. Therefore, a criminal law policy must be able to interpret and harmonize all non-legal activities into a system of organized and integrated state activities.

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Crime prevention efforts by non-legal channels are more of a preventive measure, so the main targets are conducive factors that cause narcotics crimes, where they are centered on social conditions that can directly or indirectly foster criminal acts of narcotics.

5. CONCLUSIONS AND RECOMMENDATIONS

5.1. Conclusions The conclusions drawn from the analysis are as follows: 1. Application of Law No. 35 of 2009 concerning narcotics by the National Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency of North Sumatra Province in accordance with the provisions regulated herein, but there are some obstacles faced by the police in law enforcement over criminal acts of narcotics, such as: a. Lack of funds to eradicate the increasing crime of narcotics. b. Lack of cooperation between the police, the government and the community. c. The difficulty of finding materials of evidence is because of the vast area of Labuhan Batu Regency. d. The available budget for law enforcement against criminal acts of narcotics by the Police of the Republic of Indonesia of Rantau Prapat Resort in Labuhan Batu Regency is very limited. e. Lack of police personnel. f. Because the area handled is so extensive, there are still many trails that can be a place of escape for the perpetrators of criminal acts of narcotics. 2. Factors causing the occurrence of criminal acts of narcotics in Labuhan Batu Regency can be grouped into 2 (two) groups, namely: a. Internal factors (contained in individuals) 1. Selfish 2. Free will 3. Mental shock 4. Curiosity 5. Disharmony in the family 6. Low community income b. External factors (outside the individual) 1. Economic factors 2. Social and environmental factors 3. Easily obtained 4. Lack of supervision 5. Social conditions are not liked 3. The countermeasures undertaken by the National Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency of North Sumatra Province are by several methods, namely: a. Pre-emptive method b. Preventive method c. Repressive method

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d. Reformation method 4. There are two policies taken by the National Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency of North Sumatra Province against criminal acts of narcotics in Labuhan Batu Regency, namely: a. Legal policy b. Nonlegal policy

5.2. Recommendations To the National Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency of North Sumatra Province in law enforcement against, and eradication of, narcotics crimes in Rantau Prapat City of Labuhan Batu Regency can be given the following recommendations: 1. There needs to be sufficient funding for the National Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency of North Sumatra Province in the eradication of and law enforcement against narcotics crimes in Labuhan Batu Regency. 2. There needs to be additional personnel for the National Police of the Republic of Indonesia of Rantau Prapat City Resort in Labuhan Batu Regency of North Sumatra Province in eradicating and enforcing laws against narcotics crimes in Labuhan Batu Regency. 3. There needs to be a place of rehabilitation for narcotics addicts so that they can be treated and guided again to be accepted in the communities where they live.

REFFERENCES

A. Books [1] Arief, Barda Nawawi, 2005, Several Aspects of Developed and Policy Upholding Criminal Law, PT. Citra Aditya Bakti, Bandung. 2005, Bunga Rampai The Policy of Criminal Law, Pt. Citra Aditya Bakti, Bandung. [2] Abidin Zamhari, 1986, The Meaning and Principles of Criminal Law in Schame and Sysmposium (Short Records), Ghalia Indonesia, Jakarta. [3] Andariah, Ida, 1983, Selayang Pandang about Criminology, Armios, Bandung. [4] Atmasasmita, Romli, 1997, Criminology, Mandar Maju, Bandung. [5] Bosu B, 1982, The Skleton of Criminology, Usaha Nasional, Surabaya. [6] D Soedjono, 1976, Handling Crimes and Preventing Crimes, Alumni, Bandung [7] Ediwarman, 2012, Monograft Criminology, Law of Faculty – North Sumatera University, Medan [8] Gayo, Akhyar Ari, 2012, Combating Black Narcotic Distributions, Azza Grafika, Yokyakarta. [9] Hartono, Bambang, 2016, The Police’ Policies Implementation Against The users of sabu-sabu under 1 gram, Jurnal hukum diakses tanggal 20 Desember. [10] Ibrahim Johnny, 2006, Theory and Normative Legal Research Metodology, Bayu Media, Publishing Jakarta. [11] Kusuma, Mulyana W, 1982, The Criminology Analysis about The Violence Crimes, Ghalia Indonesia Jakarta. [12] Makaro, Mahdi Taufik, Suhasril, Zakky, Muhammad, 2003, The Criminal Narcotic Actions, Ghalia Indonesia, Jakarta. [13] Sudjono A. R, Daniel Bony, 2013, The Comments and Discussions of RI Acts No. 35 In 2009 About Narcotics, Sinar Grafika, Jakarta.

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[14] Santoso Topo, Zulfa, Eva Achjani, 2001, Criminology, PT. Raja Grafindo Persada, Jakarta. [15] Saherodji, Hari, 1980, The Principles of Criminology, Aksara Baru, Jakarta. [16] Simanjuntak, B, 1977, The Introduction of Criminology and Social Patology, Tarsito, Bandung., 1978, Cakrawala Baru of Criminology, Tarsito, Bandung. [17] Siswanto, Ronny Haritijo, 1994, The Legal Research Methodology, Ghalia Indonesia, Jakarta. [18] Supramono Gatot, 2001, The Indonesian Legal Narcotics, Djambatan, Jakarta. [19] Winandi Woro, Lukito Indra Rukmana, 2016, About The Death Sentences in Criminology Narcotic Actions, The Legal Journal accessed on December 17, 2016. [20] Wahyudi R, Wiridioharjo B Wiridioharjo, 1975, The Introduction of Police Arts, The Police Academy, Sukabumi.

B. The Rules of Legislations 1. RI Acts No. 2 in 2002 about The National Police of Indonesia. 2. RI Acts No. 35 in 2009 about Narcotics. 3. RI Acts No. 35 in 2014 about The Children Protections 4. RI Acts No. 11 in 2012 about The Children Criminal Court Systems (SPPA).

C. Notes (1) Law of the Republic of Indonesia No. 2 of 2002 concerning the National Police of the Republic of Indonesia (2) Law of the Republic of Indonesia No. 35 of 2009 concerning Narcotics (3) H. Hari Saherodji, Pokok-Pokok Kriminologi, Aksara Baru Jakarta, 2980, p. 35 (4) Ediwarman, Monograf Kriminologi, Medan Fakultas Hukum Universitas Sumatera Utara, 2012, p. (5) Woro Winandi and Indra Rukmana Lukito – Tentang Penjatuhan Pidana Mati dalam Tindak Pidana Narkotika, Law Journal, accessed on December 17, 2016 (6) Bambang Hartono, Implementasi Kebijakan Polri Terhadap Pelaku, Pengguna Sabu-sabu Dibawah 1 Gram, Law Journal, accessed on December 20, 2016 (7) A.R. Sudjono and Bony Daniel, Komentar dan Pembahasan Undang-Undang RI No. 35 Tahun 2009 tentang Narkotika, Jakarta Sinar Grafika, 2013 (8) A.R. Sujono dan Bony Daniel, Idem (9) Akhyar Ari Gayo, Pemberantasan Peredaran Gelap Narkotika, Yogyakarta Azza Grafika, 2012, p. 77 (10) M. Taufik Makarao et al., Tindak Pidana Narkotika, Jakarta Ghalia Indonesia, 2003, p. 45 (11) Gatot Supramono, Hukum Narkotika Indonesia, Jakarta Dhambatan, 2001, p. 5. (12) Siswanto, Politik Hukum dalam Undang-undang Narkotika, Jakarta Rineka Cipta, 2012 (13) A.R. Sujono and Bony Daniel, Komentar dan Pembahasan Undang-undang Nomor 35 Tahun 2009 tentang Narkotika, Jakarta Sinar Grafika, 2013, p. 7. (14) R. Wahyudi and B. Wiridioharjo, Pengantar Ilmu Kepolisian, Akabri Polisi Sukabumi, 1975 (15) Ediwarman, Monograf Kriminologi, Faculty of Law of University of North Sumatra, Medan, 2012, pp. 47-48. (16) Johny Ibrahim, Teori dan Metodologi Penelitian Hukum Normatif, Jakarta Bayu Media Publishing, 2006

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