IMPLEMENTASI PEMBERTAN SANKSI PIDANA BAGI PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN OLEH APARAT PENEGAK HUKUM

Abstract

Narcotics abuse is very dangerous for individuals or for the user because it can
damage the body, causing death due to excessive use of narcotics and causing the effects of
both physical and psychological dependence on the user. Widespread distribution of
narcotics is very dangerous for the lives of the nation, especially the younger generation, and
has even become a moment of dispensation. new to crime, namely narcotics crimes. Narcotics
crime is an extraordinary crime, so it is necessary to carry out extraordinary eradication,
such as increasing the threat of criminal sanctions. Law Number 35 of 2009 concerning
Narcotics includes criminal sanctions, namely fines, imprisonment up to the heaviest, namely
the death penalty. The law differentiates between general criminal aggravation grounds and
specific criminal aggravation grounds.
This research aims to determine and analyze the regulation and implementation of
increased criminal sanctions by law enforcement officials who abuse narcotics in Indonesia.
To formulate the ideal imposition of criminal sanctions that can be carried out against law
enforcement officers who abuse narcotics in the future. This research is a type of normative
legal research that uses secondary and tertiary data that is relevant to the research topic..
The results of the research, even though it has been regulated regarding the
distinction between ordinary people and officials as mandated by KHUP article 52 in the
reality of the judge's decision in prosecuting officials who abuse narcotics, actually tend to
impose fairly light criminal sanctions, increasing the number of narcotics cases in Indonesia
and violating the government's spirit in developing The professionalism and integrity of law
enforcement officials can be taken into consideration by judges in imposing criminal
penalties. One of the efforts to deal with overcrowding in prison detention centers is that the
solution that can be taken is to increase the fines considering that the subjects in this case are
officials.
The Head of the Law Enforcement Agency plays an important role in efforts to
prevent its members from committing narcotics abuse so that it is in line with the
government's spirit in clearing the name of law enforcement officers from negative public
perceptions of law enforcement in Indonesia. In deciding cases of narcotics crimes committed
by law enforcement officers, judges must be more careful and Be careful, especially looking
at the profession as a law enforcement officer, in considering important matters so as to
produce ideal decisions and prevent other law enforcement officers from committing the
same abouse.
Keywords: Narcotics-Criminal Aggravation Due to Position