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Volume 5 Issue 1, 2020 P-ISSN : 2528-360X, E-ISSN : 2621-6159

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Volume 5 Issue 1, 2020 P-ISSN : 2528-360X, E-ISSN : 2621-6159 Jurnal Hukum Volkgeist Volume 5 Issue 1, 2020 P-ISSN : 2528-360X, E-ISSN : 2621-6159 Law enforcement and eradication of criminal actions of narcotics in Pohuwato district area Herlina Sulaiman 1, Muhammad Rizal Lampatta 2 Abstract Author’s Information: Narcotics, as one of the main enemies of the Indonesian nation, 1 Dosen Fakultas Hukum, has reached an alarming stage. The targets of the dealers are not Universitas Ichsan Gorontalo, only adults and the economic community and above, but have Gorontalo also reached children and the economic community downward. ([email protected]) This of course requires the role of law enforcement officials in enforcing and eradicating narcotics crime. This study aims to 2Dosen Fakultas Hukum, identify and analyze about eradication and law enforcement and Universitas Ichsan Gorontalo, its obstacles against narcotics crime in Pohuwato Regency. Gorontalo ([email protected]) Article’s Information: DOI: Keywords: Law Enforcement, Eradication, Narcotics. https://doi.org/10.35326/volkge ist.v5i1.913 1. Introduction Narcotics that are scattered throughout the world, of course, come from various regions of the world. There are several countries that are the originnarcotics and psychotropic circulation, namely: 1) Heroin: a. Thailand-Myanmar-Laos b. Iran-Pakistan-Afghanistan 2) Cocaine, mostly comes from Colombia, Peru, Bolivia and Brazil. 3) Methamphetamine (shabu-shabu), mostly comes from Hong Kong and China. 4) Ecstasy, many come from Hong Kong, China and the Netherlands (Budiarto, 2014). One of the suppliers of drugs to Indonesia is China, because China is a major drug supplier and one of the main sources of drugs in Indonesia (Gunawan and United, 2019). One of the government's efforts to suppress the circulation of narcotics is by referring to the aspect of demand reduction, namely pressing the demand rate. The steps taken to reduce the number of requests are through the handling of more serious addicts and narcotics abusers (Huda et al., 2020). Narcotics traffickers are known in 2 terms, namely dealers and pengenadar. One of the characteristics of narcotics dealers is that they are proven to produce, import or export narcotics illegally weighing more than 5 sticks or 5 kg (Cahyaningtyas, 2019). Gorontalo Province is one of the areas that is the red zone for drug trafficking in Indonesia. In fact, in recent years, drug trafficking in this area located in the northern part of Sulawesi has increased significantly (Berita Gorontalo, 2019). 1 Jurnal Hukum Volkgeist Herlina Sulaiman. 5(1): 1-13 One of the districts in Gorontalo Province which is the entry point for Narcotics is Pohuwato Regency. The large number of cases can certainly affect the stability of the law and the people of Pohuwato Regency. Narcotics users in Pohuwato Regency have dragged anti-drug activists and even farmers. Various efforts made by law enforcers With the existence of cases that occur, it is necessary to become a material for study on acts of eradication and law enforcement regarding the crime of narcotics. This of course requires synergy from both the BNK and the Police to the Court level in terms of prevention and enforcement of sanctions against the perpetrators. Based on the brief description above, it can be seen that the problem identification is: 1. There are still various modus operandi in drug trafficking or distribution that is increasingly hidden. 2. Drug operations / raids were carried out by various law enforcers, but this has not reduced the circulation. 3. There has not been a deterrent effect for drug offenders / abusers through court decisions 2. Methodology This type of research in this study is a type of empirical legal research. Empirical legal research is legal research that focuses attention on legal issues regarding the gap between imperatives, namely orders and prohibitions (das sollen) contained in various laws and regulations and the legal reality in society (das sein) (Nawi, 2013). 3. Formulation of the problem 1. How is the effectiveness in eradicating and enforcing the law against narcotics crime in Pohuwato Regency? 2. What factors are the obstacles for law enforcers in eradicating and enforcing the law against narcotics crimes in Pohuwato Regency? 3.1. Efforts to eradicate and prevent narcotics crime in pohuwato regency In the sanctions for the abuse of narcotics and other illegal drugs, it has been regulated in Law Number 35 of 2009 concerning Narcotics, this can be classified as follows: a. As Abusers are subject to criminal provisions based on Article 127 of Law Number 35 of 2009 concerning Narcotics, with a maximum penalty of 4 years for class I and 2 years for group 2. In its implementation, the Indonesian Supreme Court issued Circular No. 04 of 2010 concerning Placement, Abuse, Victims of Abuse, and Narcotics Addiction is a condition characterized by the urge to use narcotics continuously at an increasing dose to produce the same effect and if the user is reduced or stopped suddenly it causes physical and psychological symptoms (Article 1 point 14 of the Narcotics Law) (Michael, 2018). b. As a Distributor, he is subject to criminal provisions based on articles 81 and 82 of Law No. 35 of 2009 concerning narcotics, with the threat of a maximum sentence of 15 years and a fine; 2 Jurnal Hukum Volkgeist Herlina Sulaiman. 5(1): 1-13 c. As a producer, it is subject to criminal provisions based on Article 113 of Law No. 35 of 2009, with the threat of a maximum sentence of 15 years or life or death and a fine Facing the problem of drug abuse and illicit drug trafficking requires that the institutions involved have to equalize one perception so that it does not cause problems in the future. Besides that, the issuance of Presidential Instruction No. 6 of 2018 has broad and complex dimensions, both from a medical, psychiatric, mental health, and psychosocial perspective. and all levels of government and all components to jointly prevent the dangers of drugs. For law enforcement perpetrators of drug awareness according to Law no. 35 of 2009 is added to the presence of presidential instructions No.6 of 2018 in the spirit of eradicating criminal offenses of narcotics, so that law Number 35 of 2009 does not only regulate the eradication of criminal sanctions for narcotics abuse alone, At the Pohuwato Regency level, there are two government agencies that are struggling to eradicate and enforce the abuse of Narcotics in the early stages, namely the Pohuwato Police Drug Research Unit and the Pohuwato BNK. Based on the author's interview with Mr PLT, Narcotics Agency of Pohuwato Regency, Mr Yuyun P, SE (interview in July 2020) stated: "Currently, the BNK Pohuwato Regency continues to strive to overcome the circulation of narcotics in Pohuwato Regency. currently BNK Kab. Pohuwato can only carry out efforts in the form of prevention only because BNK Kab. Pohuwato is still under the authority of the Regional Government and not vertically directly from the BNN so that we are still at the level of prevention and not at the enforcement stage. but there were certain cases that collaborated with the Pohuwato Police when BNK got information about the circulation of narcotics in Pohuwato Regency " Pohuwato Regency as a trans-Sulawesi crossing area as a link between the Provinces of Central Sulawesi, Gorontalo and North Sulawesi is very easy and busy as an area for drug trafficking and trafficking routes. According to the author's interview with Mr. Sambo Darampalo, a member of the SatResNarkoba (interview in July 2020) stated: “Pohuwato Regency is a large area and a trans-Sulawesi route which is prone to drug trafficking routes. One of the areas where the arrests often occur is the Popayato sub-district because the popayato area is directly adjacent to the Parimo area of Central Sulawesi, where this area is the origin of goods (drugs) entering the Pohuwato area. " Then Mr PLT BNK Pohuwato also added: "The district of Pohuwato is very broad and is on the linking route between Central Sulawesi, Gorontalo City and North Sulawesi, so drug trafficking is a bit difficult to detect. However, that does not mean that we do not try because even though we are not directly involved in the arrest, in preemptive and preventive efforts we always make efforts such as holding outreach to certain places such as schools and areas prone to narcotics trafficking. The circulation of drugs in the Pohuwato region can be said to be increasing every year, this can be seen in the data that the authors have summarized from 2018 to 2020. The data are as follows: 3 Jurnal Hukum Volkgeist Herlina Sulaiman. 5(1): 1-13 Table 1.Data on Drug Cases Up to September 2018 Suspect Case Profession Numbe comple Month Case the r of Men Woman ted / perpetrator Cases not January - - - - - nil February narcotics 1 Urt Done 1 2 self- March narcotics 3 employed Done 3 1 POLRI April narcotics 4 entrepreneur Done 2 May - - - - - nil 1 Private Coplo 2 self- June pills and 4 Done 3 employed narcotics 1 driver 2 self- July narcotics 2 2 employed Done 3 2 Urt August - - - - - nil September narcotics 1 private Done 1 October November narcotics 1 student done 1 December amount 14 3 14 Source: Pohuwato Police Drug Research Unit 2020 Table 2.Data on Drug Cases in 2019 Suspect Case Profession Numbe comple Month Case the r of Men Woman ted / perpetrator Cases not Self-employed January narcotics 3 - private Done 3 fisherman Entrepreneur February narcotics 2 1 Student Done 3 IRT March - - - - - - April narcotics 1 - entrepreneur Done 1 4 Jurnal Hukum Volkgeist
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