Natanael Gracio
Politeknik Imigrasi dan Pemasyarakatan

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Law Enforcement Against Drug Smuggling to Nusakambangan Prison from the Perspective of Indonesian Positive Law: Penegakan Hukum Terhadap Penyelundupan Narkoba ke Lapas Nusakambangan dalam Perspektif Hukum Positif Indonesia Natanael Gracio
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/3r1f0s46

Abstract

This study examines law enforcement against drug smuggling into Nusakambangan Correctional Institution (Lapas Nusakambangan) from the perspective of Indonesian positive law. Despite its super maximum security status, Nusakambangan continues to experience drug infiltration, revealing a significant gap between the normative functions of the correctional system and its empirical reality. This study uses normative juridical method with statutory and conceptual approaches, this study analyzes applicable regulations, including Law Number 35 of 2009 on Narcotics, Law Number 22 of 2022 on Corrections, and Government Regulation Number 99 of 2012 on Conditions and Procedures for the Implementation of the Rights of Convicted Criminals of Corruption, Narcotics, and Terrorism. The findings indicate that drug smuggling occurs through multiple channels: postal parcels disguised as everyday goods, family visits exploiting loose inspection procedures, involvement of corrupt correctional officers, illegal communication devices, and transfer pathways of inmates. Contributing factors include the high economic value of narcotics, the persistence of organized criminal networks operating from within correctional facilities, weak institutional integrity among certain officers, inadequate security infrastructure, and severe overcrowding that compromises supervisory effectiveness. Law enforcement responses encompass both administrative-disciplinary and criminal-procedural channels, yet their effectiveness remains suboptimal due to a persistent gap between legal norms (das sollen) and on-the-ground implementation (das sein). The study concludes that resolving this gap requires not only normative regulation but also institutional reform, personnel integrity strengthening, advanced security technology adoption, and consistent inter-agency coordination among the Directorate General of Corrections, National Narcotics Board, National Police, and Prosecution Office.
KESENJANGAN PERAN INTELIJEN PEMASYARAKATAN DALAM PENGELOLAAN INFORMASI UNTUK DETEKSI DINI DI RUMAH TAHANAN NEGARA KELAS IIA BALIKPAPAN Natanael Gracio; Iman Santoso; Umar Anwar
Didaktik : Jurnal Ilmiah PGSD STKIP Subang Vol. 12 No. 04 (2026): Volume 12 No. 4, Desember 2026 Now Available
Publisher : STKIP Subang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36989/didaktik.v12i04.19577

Abstract

The Class IIA State Detention Center of Balikpapan housed about 355% of its capacity, which makes information management for early detection of security and order disturbances critical. This study describes how correctional intelligence should be carried out, how it is actually carried out, and why the two differ. A descriptive qualitative approach was used, with Role Theory as the analytical framework. Data were collected through semi-structured interviews with three purposively selected informants (the Head of the Detention Security Unit, a Security Squad Leader, and an inmate), non-participant observation, and document study, and were analysed with the interactive model of Miles, Huberman, and SaldaƱa. Normatively, the role consists of collecting, managing and analysing, presenting, and exchanging information for early detection and warning. In practice, the function is embedded in every security squad and relies on informal approaches, verbal cross-checking, and tiered reporting in the form of routine reports. Preventive actions such as summoning and mediation take place, but analysis and written intelligence products are not yet systematic, and information exchange is incidental. The gap is associated with the absence of continuous training, limited dissemination of regulations, SOPs applied without documentation standards, limited personnel amid overcrowding, the limited reliability of sources, and the absence of routine coordination and evaluation. The findings are contextual because they rest on three informants.