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Budi Arta Pradana Nongtji
Fakultas Hukum Universitas Tadulako
Education Law, Crime, Criminology & Criminal Justice Other

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Analisis Yuridis Terhadap Proses Penyidikan Dalam Penanggulangan Jaringan Peredaran Narkotika Yang Dikendalikan Narapidana Di Lembaga Pemasyarakatan Talia Nava Vanessa; Andi Bustamin Daeng Kunu; Budi Arta Pradana Nongtji
Journal Law and Government Vol 4, No 2 (2026): Agustus
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jlag.v4i2.40696

Abstract

Illicit narcotics trafficking in Indonesia has evolved into an organized, transnational crime that threatens the social order and violates the provisions of Law Number 35 of 2009 concerning Narcotics. Ironically, this illegal activity is not only prevalent in the community but has also transformed into a complex socio-legal phenomenon within correctional institutions (prisons). This situation raises issues regarding the effectiveness of investigative processes in uncovering and combating narcotics trafficking networks controlled from inside the prison. Therefore, this study aims to analyze the implementation of the investigative process and identify the factors enabling inmates to continue controlling narcotics trafficking. An empirical research method with a field-based approach was employed at the Class II A Correctional Institution in Palu City, integrating primary data sources obtained through observation and interviews with secondary data derived from the study of legislative documents. The research findings indicate that while the investigative process is implemented in accordance with statutory regulations, it faces various practical obstacles, such as the misuse of communication devices and the involvement of certain individuals. These factors hinder efforts to effectively combat inmate-controlled narcotics trafficking networks. Consequently, there is a need for enhanced supervision, strengthened coordination among law enforcement agencies, and stricter law enforcement to dismantle narcotics trafficking networks operating from within correctional institutions.
Implementasi KUHAP Dalam Pelaksanaan Upaya Paksa Terhadap Tersangka Kasus Korupsi Pada Proyek SPAM Buntu Burake Oleh Kejaksaan Negeri Tana Toraja Nellan Masirri; Ahmad Aswar Rowa; Budi Arta Pradana Nongtji
Journal Law and Government Vol 4, No 2 (2026): Agustus
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jlag.v4i2.40697

Abstract

This study aims to examine the application of the Criminal Procedure Code (KUHAP) regarding the use of coercive measures against the suspect in the Buntu Burake Drinking Water Supply System (SPAM) corruption case by the Tana Toraja District Attorney's Office, and to analyze the legal basis for these measures. This is an empirical legal study employing a socio-legal (juridical-empirical) approach, conducted at the Tana Toraja District Attorney's Office. Data were collected through interviews, observation, documentation, and literature review, and subsequently analyzed qualitatively. The results indicate that the application of the KUHAP regarding coercive measures against the suspect in the Buntu Burake SPAM corruption case was carried out through investigative stages involving the collection of project documents, witness examinations, the gathering of evidence, the formal naming of the suspect, and the seizure of documents and evidence related to the case. The naming of the suspect was based on at least two pieces of valid evidence, in accordance with Article 184 of the KUHAP and Constitutional Court Decision Number 21/PUU-XII/2014. The legal basis for implementing these coercive measures refers to Article 1 point 2, Article 1 point 14, Article 38, and Article 184 of the KUHAP, as well as Article 30 paragraph (1) letter d of Law Number 11 of 2021 concerning the Prosecution Service of the Republic of Indonesia. Thus, the application of the KUHAP regarding coercive measures against the suspect in the Buntu Burake SPAM corruption case by the Tana Toraja District Attorney's Office has been carried out in accordance with applicable criminal procedural law provisions.
Co-Authors Ahmad Aswar Rowa Andi Bustamin Daeng Kunu Nellan Masirri Talia Nava Vanessa