Law enforcement and eradication of criminal actions of narcotics in Pohuwato district area

Abstract


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.
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).
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

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).

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?

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  The various consequences arising from narcotics trafficking are inseparable from the effects of ongoing circulation. There are several factors that continue to increase the circulation of narcotics in Pohuwato Regency that the author got at the time of the research. There are many reasons that drive the high circulation of narcotics and illegal drugs in Pohuwato Regency: 1. The use of technology in circulating narcotics where the dealer uses social networks or uses online chat facilities. In fact, the high number of drug trafficking in Indonesia is supported, among other things, by the globalization of the use of technology such as the internet and a number of other tools that make it easy for drug dealers to reach their target goals (Huda et al., 2020).

Promising business value.
Narcotics and illegal drugs are traded commodities that are illegal with fast profits causing many actors who are not only users but also become dealers. Based on the author's interview with the PLT Narcotics Agency of Pohuwato Regency, Mr. Yuyun P, SE (interview in July 2020): "One of the main factors why narcotics continue to exist in society, especially in Pohuwato Regency, is because of its economic value. Usually based on experience in drug eradication, there are perpetrators who become users and sellers because the income is very large in a short time. So that the perpetrator feels attracted to the term "fast money".

Hard work and requires sufficient stamina.
When viewed from the data on narcotics users, there are still some actors who come from the lower classes such as car drivers and farmers.
This was disclosed by the members of the Narcotics Satres that: "We often catch actors who work as drivers between provinces or between districts who are users and / or dealers. The reason they use it is to increase their stamina so they don't get tired easily. There are even entrepreneurs who have tough jobs so they use drugs to encourage them to work. Usually they use narcotics together so they can be used together. " 4. In adolescents, drugs are usually used as a form of curiosity about the feeling that is obtained when using drugs causing teenage offenders to try to get or buy these drugs. Besides that, it is also influenced by a sense of solidarity with friends. The following are some characteristics of adolescent development that are conducive to psychoactive substance users: a. During the transition from childhood to adulthood, feelings of depression, tension, anxiety, confusion, insecurity, sadness, and even depression often arise. Psychoactive substances are often used by teenagers to get rid of these feelings. These feelings can be diminished or lost by psychoactive substances, but only temporarily.
b. The need for peer-to-peer interaction encourages teenagers to be fully accepted in their group. The acceptance of a teenager in their group life is an event that makes people proud and enhances or facilitates the interaction of youth with their peer groups (vehicle of social interaction).
c. Mental and behavioral disorders due to the use of psychoactive substances can be seen as a behavioral disorder, a behavior that defies the values held by adult society. The process of normal adolescent mental development demands separation from parental authority and developing one's own authority and identity. At that time there was an urge to rebel or fight anything that smelled (Asyharuddin et al., 2020).
5. Lack of religious education and character that is instilled in the family and school environment. This makes a person able or not to sort out the actions that are good for him or those that are bad for him.
6. Strong narcotics marketing network. If someone is caught in narcotics either as an addict or a dealer, usually it will be difficult to cut ties with the dealer.
The distribution of drugs in the Pohuwato Regency area has different modus operandi. To catch the perpetrators must require hard work and care from the members of the Pohuwato Narcotics Unit. Based on the experience of the Pohuwato Police Narcotics Unit, the mode of circulation of narcotics in the Pohuwato area includes narcotics hidden in clothes in CD / BH, socks, cigarette wrappers, and in luggage such as cloths and flashlights, doormats so that you must be careful in conducting checks / searches.
It is understood that law enforcement officers have partly implemented narcotics law enforcement until they get a judge's decision in a court session. It is hoped that law enforcement can prevent the large number of illicit narcotics trafficking in circulation, but in fact it will be more intensively carried out by law enforcers, the more illegal narcotics trafficking will be rampant. Narcotics crime (the drug trafficking industry), has become part of the group of activities of transnational crime organizations (Sari et al., 2019). The raid operation is one of the Pohuwato Police efforts to eradicate and combat drug trafficking in the Pohuwato area. Apart from raids, covert purchases were also carried out through controlled delivery through undercover agents or through covert purchases.
Controlled delivery is the delivery and delivery of narcotics to the recipient by a courier who is a suspect who wants to cooperate with the investigator or by an undercover agent acting as a courier, the delivery is supervised to find out who the recipient is or the network, while undercover buy is a covert buying technique that is supervised. In this technique, investigators usually still work with the general public to undercover buy. Sometimes in practice this undercover buy is also carried out by investigators who disguise themselves as ordinary people who will buy narcotics from dealers. (Cahyaningtyas, 2019) Such as the author's interview with Sambo Dalarampalo, a member of the Narcotics Unit of the Pohuwato Police (interview in September 2020): "Usually we use disguised buying methods to find out who is a narcotics dealer or seller, one of the members of the drug police force will pretend to buy drugs. However, this method is not easy, you have to confirm several times because the seller does not easily trust the buyer, even sometimes the seller puts the item in a certain place because he does not want to meet face to face. There is also a use of control over drug delivery. For example, there is one case that has been revealed in which the satres have found out that the package has been ordered by someone, then the package will be followed up to the buyer. when the package was received by the buyer, there the satres members made the arrest".
According to Partodiharjo (Subagyo, 2007), in overcoming drug abuse and trafficking, basically can follow the following steps:

Promotive / Coaching
Where this program is aimed at people who have not used drugs or are not familiar with drugs. The principle is to increase the role or activities so that this group is actually more prosperous so that they never think of achieving happiness by using drugs.

Preventive / Preventive
This program is aimed at people who are not familiar with drugs so they know more about drugs so that they are not interested in abusing drugs.
Furthermore, added that prevention efforts against drug trafficking and abuse include: 1. Primary prevention or early prevention, which is aimed at individuals, families, or communities and communities who have not been touched by the problem of drug abuse and trafficking, with the aim of making individuals, families, groups and communities alert and having deterrence and deterrence power and resistance to reject and against it.
2. Secondary prevention or vulnerability prevention, aimed at groups or communities that are prone to drug abuse, for example living in a slum or working in an entertainment place. The goal is that they can strengthen their defense from the persuasion or coercion of other parties or the emergence of an internal urge to try drugs.
3. Tertiary prevention or prevention of relapse of users / addicts who have followed the therapy and rehabilitation program, so that they do not relapse. Prevention of drug abuse is carried out within families, schools, communities, workplaces, and the wider community, through communication, information and education activities using various media that allow it to be adapted to conditions in the field.
The government through the National Narcotics Agency (BNN, 2019) In the aspect of prevention which is part of demand reduction, BNN through the Deputy for Prevention has implemented various breakthroughs and innovations.
a. The Shining Village Program (Clean Drugs) which has currently been implemented in 195 villages throughout Indonesia.
b. Anti-Narcotics Based Development Program (Bang Wawan), whose focus is to involve all stakeholders including government, private sector, education and society. Its main activities are urine testing, anti-drug counseling, and the formation of a task force in the community.
c. Anti-Narcotics Volunteers in the outer and frontier areas of the Republic of Indonesia, by involving 150 volunteers each.
d. Anti-Drug Education Center (REAN.ID). Through this program, the National Narcotics Agency invites millennial to take part in the campaign to prevent drugs. REAN.ID contains creative content such as videos, vlogs, murals, articles and posters with the theme of drug prevention campaigns (BNN, 2020).
The BNN program mentioned above must of course also be supported through programs in the regions. Because the BNK Pohuwato Regency is not fully vertically connected. In maximizing the eradication of Pohuwato Police, especially the Narcotics Research Unit, in preventing and overcoming narcotics crime in Pohuwato Regency is to make preemptive, preventive and repressive measures.

1) Pre-emptive efforts, namely by collaborating with the Pohuwato Police
Department to carry out various persuasive approaches to the community and youth regarding the latent dangers of narcotics abuse through anti-narcotics campaign campaigns, and provision of detention in order to avoid narcotics and illegal drugs and informing about the threat of punishment.
In addition, it invites the public to be able to participate in providing information about the illicit trafficking of narcotics. This activity is basically in the form of fostering and developing a simple lifestyle environment and positive activities, especially for adolescents with activities that are productive, constructive, and creative.
2) Educational prevention is carried out by the educational information communication method, which is carried out through various channels, including family, education, religious institutions, and community organizations. The application of this pre-emptive effort can be carried out by conducting briefings at each educational institution starting from primary education to higher levels.
3) Preventive measures are patrolling areas prone to be used for buying and selling transactions or places used for using narcotics and carrying out raids or examinations of bodies, luggage and urine in the border areas of the pohuwato region and nightlife spots. 4) Repressive measures, namely taking action against the perpetrators of narcotics abuse in accordance with applicable laws. (author's interview with Mr. Yosep Puluhulawa, member of the Narcotics Satres, interview in September 2020) In the efforts mentioned above, of course it cannot be separated from the assistance of BNK Pohuwato. The cooperative relationship between the Pohuwato Police and BNK Pohuwato in the eradication and handling of drug crimes, namely some BNK activities including socialization and raids in border areas and nightclubs always involving members of one drug, and vice versa members of one drug always involve parties from BNK to carry out investigations narcotics case. (author's interview with AIPTU Sit Owen S Kanit 1 Drugs) In carrying out their duties, of course there are similarities and differences in duties and authorities between BNK Pohuwato and Pohuwato Police in the eradication and handling of drug crimes. In the prevention / eradication, there is a common task, it's just that BNK Pohuwato does not yet have the authority to carry out a legal process in the form of an arrest (investigation) because it is still under the Regional Government.
Based on the author's interview with the PLT Narcotics Agency of Pohuwato Regency Mr. Yuyun P, SE (interview in July 2020): "There are routine activities between the Pohuwato Police and BNK Pohuwato in the eradication and handling of drug crimes, namely visiting places or areas prone to abuse. narcotics and do a urine test ".
The vast area of Pohuwato Regency will certainly make it difficult for the Pohuwato Police to prevent and overcome the Narcotics crime. For this reason, apart from the programs implemented by the Narcotics Unit of the Pohuwato Police, there is also a need for community support or participation. according to AIPTU Sit Owen S Kanit 1 Narcotics (interview in September 2020) that: "There is community involvement in the eradication and handling of drug crimes in the pohuwato district, namely there are several people who often provide information related to narcotics abuse, so that it greatly helps the police in making efforts to eradicate and cut off the narcotics network in the legal area of the Pohuwato Police. For members of the public who provide information, the Pohuwato Police will guarantee the safety of the people who report the crime. In addition, the identity of the reporter will be kept secret and will even be given a prize in cash. " Sometimes in getting information, the Pohuwato Police Narcotics Detective Unit uses informants to get information. In using informants, there are several tactics used by investigators as revealed by R. Soesilo as follows (Belstar Hutapea, 2011): 1. In selecting and maintaining informants, it is entirely entrusted with the discretion of each investigating employee, meaning that the unit commander does not interfere so that it is the secret of the respective investigator.
2. Regarding the expenditure of money for payments and gifts for informants there is no need to be accounted for with proof of payment.
3. The name of the informant should not be mentioned or notified during the investigation and prosecution of the case. If this happened, no one would want to work as an informant. In the world of legal settlement of criminal cases, opinions like this exist, although sometimes it is also necessary if an informant provides information with an agreement not to be named, discussed with the prosecutor concerned. After all, tactical cooperation between crime fighting agencies must exist.
4. Relationships and meetings between investigators and informants must be kept confidential, for example, do not let an informant appear at the police station. If you want to meet, choose certain places that are neutral, safe and not conspicuous.
5. In certain cases it is also necessary to control the work of an informant with other informants who do not recognize each other so that investigators should not be fooled by false and untrue information.

Factors that become obstacles in the eradication and handling of drug crime in pohuwato regency
In dealing with and preventing drug crimes in the jurisdiction of Pohuwato Police, of course it does not always run smoothly. Sometimes there are obstacles. Obstacles in the eradication and handling of drug crime in the Pohuwato regency, namely : a. The difficulty in finding suspects in narcotics crimes is because the system used by the perpetrators uses a disconnected cell system. Cells are disconnected, namely the buyer or narcotics network does not meet directly with the seller or narcotics dealer and the narcotics being traded are only placed in places that have been previously agreed. d. BNK pohuwato is still limited in its function because it is still under the auspices of the Pohuwato Regional Government.
The position of BNK which is still under the auspices of the Regional Government causes them to be unable to perform their functions optimally. e. The number of circulation but rather difficult to detect.
The vast area of the Pohuwato Regency and the busy flow of goods and passengers passing through the Pohuwato Regency sometimes makes it easier for drug dealers or couriers between provinces. So that prevention and eradication efforts must be maximized through raids, information and case development.
f. There is still a lack of public awareness of drug abuse, and there are still many people who focus on drug control efforts only on members of the police.
g. Without evidence that drug abuse cannot be prosecuted, drug abusers who have a positive urine result without any other evidence can only be processed for rehab and cannot be detained.
h. The narcotics items are so small that many places that are hard to find are used to hide these items, without information from the public, the police cannot find them.

Conclusion
Eradication and handling of drug crimes in Pohuwato Regency, namely by: 1. Pre-emptive effort is by approaching all groups by informing about the dangers of narcotics and the threat of punishment.
2. Preventive efforts, namely conducting outreach in various circles.
5. Cooperate with the community in receiving reports.
Factors that become obstacles in the eradication and handling of drug crime in Pohuwato Regency: