Analisis Yuridis Pemberatan Penjatuhan Sanksi Pidana terhadap Oknum Polisi Sebagai Pelaku Penyalahgunaan Narkotika Dalam Sistem Peradilan Pidana di Indonesia (Studi Putusan Pengadilan Negeri Sidikalang Nomor 79/Pid.Sus/2020/PN Sdk)

Abstract

Narcotics abuse cases are one of the special concerns in Indonesia because they involve various groups, one of which is the police. Every member of the police force is a law enforcement officer. Law enforcement officers should carry out their obligations to enforce the law, not violate the law. Thus, the weighting of criminal sanctions against police officers as perpetrators of criminal acts of narcotics abuse is interesting and important to study. This study aims to determine, analyze and explain law enforcement against narcotics abusers carried out by police officers in Indonesia, the urgency of imposing criminal sanctions on police officers as perpetrators of narcotics abuse in the criminal justice system in Indonesia, judges' considerations on the weighting of criminal sanctions against police officers as perpetrators of narcotics abuse in the Sidikalang District Court Decision Number 79/Pid.Sus/2020/PN Sdk The research method of this research is normative legal research with a statutory approach. This research was conducted by means of a literature study to obtain primary, secondary and tertiary legal materials. Furthermore, the legal materials collected in this study will be analyzed qualitatively by drawing deductive conclusions. The conclusions obtained in this study include, law enforcement against police officers as narcotics abusers can be done through the criminal justice system and enforcement of police discipline and code of ethics. The urgency of heavy criminal sanctions against police officers who abuse narcotics is a narcotics emergency that is carried by the Indonesian state and members of the police are law enforcement officers who have a function to prevent and eradicate narcotics. The decision of the Sidikalang District Court Number 79/Pid.Sus/2020/PN SDK proves the non-optimal law enforcement against police officers as narcotics abusers can be seen from the indictment of the Public Prosecutor who does not include Article 52 of the Criminal Code in each of his indictment articles and the Panel of Judges imposes light sanctions on the perpetrators without considering the state of the narcotics emergency status. There are several suggestions that can be given, among others, to members of the police throughout the territory of the Republic of Indonesia to enforce the law by upholding and instilling a law-abiding attitude to protect themselves, protect their families and protect the police institutions. In the future, it is necessary to reform the Narcotics Law which specifically regulates materially criminal sanctions accompanied by weighting for law enforcement officers who commit narcotics crimes. In law enforcement in criminal acts of narcotics abuse committed by police officers so that the Public Prosecutor also indicts Article 52 of the Criminal Code, considering that the police officers violated their obligations in their positions.