Peranan Jaksa dalam Menangani Barang Bukti Tindak Pidana Narkotika (Studi Kasus di Kejaksaan Negeri Humbang Hasundutan)

Abstract

The storage of confiscated evidence of narcotics crimes that has received a decision to be destroyed naturally raises various questions regarding the risks that will arise, such as whether narcotics can be re-distributed to the public or used by irresponsible individuals. However, in fact, there are still many confiscated narcotics objects whose status has been determined and decided by a court that has permanent legal force and which are not immediately destroyed but are stored first, either due to small quantities or other obstacles. The problem of this research is how to regulate the legal authority of prosecutors in handling evidence of narcotics crimes; Implementation of the prosecutor's role in handling evidence of narcotics crimes; Obstacles and efforts by prosecutors in handling evidence of narcotics crimes. The method used in this research is normative research, which is supported by empirical data through interviews with analytical descriptive research, using a statutory approach. Data collection tools through literature study and interviews as complementary data. The legal regulation of the prosecutor's authority in handling evidence of narcotics crimes is contained in Articles 270 to 276 of the Criminal Procedure Code and Article 30 paragraph (1) letter b of Law no. 11 of 2021 Regarding the Indonesian Prosecutor's Office and Article 91 Paragraph 1 of Law No. 35 of 2009 concerning Narcotics gives the authority to the prosecutor's office to determine the status of narcotics goods. The implementation of the prosecutor's role in handling evidence of narcotics crimes is in accordance with the prosecutor's standard operating procedures (SOP), namely the Republic of Indonesia Prosecutor's Guidelines No. 2 of 2022 is contained in Chapter III concerning Governance which can be seen as follows: Recording; Study; Storage and Classification; Custody; Maintenance; Security; Provision; Return; Settlement of Confiscated Goods; Evidence Building. The obstacles and efforts of prosecutors in handling evidence of narcotics crimes include two factors that become obstacles, namely internal factors and external factors. In overcoming these obstacles, there are efforts made, namely preventive efforts and repressive efforts and these efforts can overcome obstacles based on internal and external factors.