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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Mohamad Ismed
Master of Law, Universitas Jayabaya, Jakarta
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL RESPONSIBILITY FOR THE ROLE OF ONLINE TRANSPORTATION COURIER SERVICES IN DRUG TRAFFICKING Ricardho Siahaan; Ramlani Lina Sinaulan; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.530

Abstract

In this modern period, drug trafficking in Indonesia has adopted a new mode of operation, with drug traffickers utilizing online transportation courier services to facilitate drug delivery to their destination, in an effort to avoid and/or reduce the risk of legal proceedings. The purpose of this research is to analyze and determine the existence of law enforcement problems in handling the role of online transportation courier services that help drug trafficking. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that with regard to law enforcement and accountability, each construction of the Intermediary Articles contained in Law Number 35 of 2009 concerning Narcotics relating to acts committed by couriers does not all fulfill the offense elements of each article. Based on Article 132 when couriers are unable to prove good faith as an online driver, such as not having the authority to inspect goods to be sent, courier service companies do not or have not supported goods scanning facilities, so they can enter into a conspiracy offense. However, even though the actions carried out by online couriers have fulfilled the formulation offense, they are not necessarily accountable. For the sake of creating a sense of justice for society, it is necessary to add new norms to the provisions of Article 114 paragraph (1) of the Narcotics Law and Article 114 paragraph (2) of the Narcotics Law.
HOW TO ENFORCE CRIMINAL LAW AGAINST NARCOTICS ABUSE OF NEW TYPES OF VARIANTS THAT HAVE NOT BEEN INCLUDED IN LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS Lukas Pardamean E. Marbun; Hedwig; Mohamad Ismed
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.531

Abstract

Today, many different narcotics, psychotropics, and other illegal drugs emerged. These new variants are not/have not been regulated by law number 35 of 2009 concerning narcotics. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that in order to implement the provisions of Article 6 paragraph (3) of the Narcotics Law, it is necessary to stipulate a Regulation of the Minister of Health concerning Changes in the Classification of Narcotics, which is the last position where this research was written. Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics. Law Number 35 of 2009 concerning Narcotics and Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics which are guidelines for law enforcement against drug abuse with new variants in Indonesia are still deemed ineffective and efficient and do not accommodate all needs -the need for law enforcement against narcotics abuse, especially narcotics with new types of variants. An alternative policy formulation to Law Number 35 of 2009 concerning Narcotics, the formulation policy that is deemed suitable for implementation in the future is to revise Law Number 35 of 2009 concerning Narcotics in particular to expand the meaning related to narcotics in the provisions of Article 1 number 1 and/or Article 6 paragraph (1).
Co-Authors Hedwig A. Mau Lukas Pardamean E. Marbun Ramlani Lina Sinaulan Ricardho Siahaan