Jurnal Hukum dan Konstitusi
Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi

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 (Politeknik Imigrasi dan Pemasyarakatan)



Article Info

Publish Date
30 Jun 2026

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.

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Journal Info

Abbrev

jic

Publisher

Subject

Description

Jurnal Hukum dan Konstitusi is an open access and peer-reviewed journal that aims to disseminate the results of research or conceptual studies on criminal verdicts, criminal justice, human rights crimes, child criminal cases that conflict with the law, and ...