RELEVANSI CONTROLLED DELIVERY SEBAGAI TEKNIK KHUSUS PENYIDIKAN TINDAK PIDANA NARKOTIKA

Abstract

Article 75 letter j of Law Number 35 of 2009 on Narcotics states that investigators are authorized to carry out the technique of Controlled Delivery in the process of investigating narcotics crimes. However, in practice, Controlled Delivery has the potential to cause several problems, such as the potential for maladministration. The purpose of this study is to explain the regulation of the Controlled Delivery technique in the Laws and Regulations in Indonesia and the relevance of Controlled Delivery in handling narcotics cases. The method used in this study is the normative legal research method. The method uses an approach to legislation (statue approach), comparison (comparative approach), case approach (case approach), conceptual approach (conceptual approach), and interviews with law enforcement officers as sources. The results of the study indicate that the regulation of the Controlled Delivery technique in the Laws and Regulations in Indonesia cannot be carried out arbitrarily and requires strict procedures. Based on normative analysis, this technique is applied after the suspect is interrogated and proven to have a relationship with the narcotics orderer. Controlled Delivery is relevant to be applied in handling narcotics cases, although the relevant implementation is different in a particular incident and the response to the dynamics in the field of law enforcement officers such as the police and BNN. This technique must have legal certainty because it is prone to abuse of authority. The success of Controlled Delivery is highly dependent on the professionalism and integrity of the team involved. Although not a strategy that is always planned systematically, this technique remains an important tool in efforts to uncover organized criminal networks in narcotics trafficking.