PENEGAKAN HUKUM PIDANA TERHADAP PENGGUNA NARKOTIKA SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA DI POLRES BAUBAU

Narcotics and the Psychotropic Law mandate the obligation to undergotreatment and medication or rehabilitation for drug addicts. The provisionsregarding the "obligation" to undergo rehabilitation for users who experienceaddiction, in the Psychotropic Law are regulated in Article 36 to Article 39 andthe Narcotics Law is regulated in Article 45. Narcotics users are both perpetratorsof criminal acts and at the same time as victims, based on Article 103 TheNarcotics Law, the Indonesian Supreme Court issued a breakthrough by issuingseveral circular letters, including: Circular Letter of the Supreme Court of theRepublic of Indonesia (SEMA) No. 07 of 2009 concerning Placing Drug Users inTherapeutic and Rehabilitation Institutions as outlined in Letter No. 07 / BUA.6 /HS / SP / III / 2009 dated 17 March 2009 (hereinafter abbreviated as SEMA No.07 of 2009); and Circular Letter of the Supreme Court of the Republic ofIndonesia (SEMA) No. 04 of 2010 concerning the Determination of Abuse, andNarcotics Addicts into the Medical Rehabilitation and Social RehabilitationInstitution (hereinafter abbreviated as SEMA No. 04 of 2010). As a result ofSEMA No. 07 of 2009 and continued with SEMA No. 04/2010 is related to theenforcement of criminal law against narcotics users as perpetrators of narcoticscrimes at the Police Criminal Investigation Unit of Baubau Police, investigatorsfind it difficult to determine whether someone is caught red-handed with evidenceunder SEMA No. 07 of 2009 is included in the category of users or addicts.Because both are victims of the crime of narcotics crime. This difficulty occurred,because many perpetrators were caught carrying as much drug evidence asspecified in SEMA No. 07 of 2009 is a recidivist, and even worse, the perpetratoris a big-time drug dealer. Other obstacles are also faced by Baubau PoliceInvestigators in enforcing the narcotics crime law.This research is a normative legal research which is descriptive analysisresearch. Using data collection methods by means of library research, namelycollecting data from books, laws and regulations, scientific journals, andmagazines related to rehabilitation for narcotics abusers. Interviews were alsoconducted to obtain secondary data. Sources of data use secondary data consistingof primary legal materials, secondary legal materials, and tertiary legal materials.Then analyzed using qualitative, abstractive, interpretative analysis methods.The results showed that: The obstacles faced by the Narcotics Unit of theBaubau Police in investigating narcotics crimes were as follows: SEMA No.04/2010 cannot be categorized as statutory regulation, however, the SEMA bindsthe judges who impose sentences, because the court is one of the elements in theCriminal Justice System; Limitations of personnel, budget, and the ability ofinvestigators for the Narcotics Unit of the Baubau Police in conductinginvestigations and investigations into narcotics crimes. There are only 6 (six)personnel, however, not all of them can carry out investigations and investigationsbecause they already include leaders who are referred to as Unit Heads and UnitHeads. Not to mention the ability of investigators to carry out investigations intothe circulation of narcotics; SEMA No. 04/2010 is often used by investigators torelease Narcotics Addicts, this is because the budget provided by the governmentis not sufficient to carry out investigations. The solutions obtained to resolve theobstacles faced by the Narcotics Unit investigators at the Baubau Police againstdrug crimes are linked to SEMA No. 04 of 2010, namely: Reviewing SEMA No.04/2010 and make implementing rules and technical regulations in terms ofrehabilitation as the implementation of Article 103 of Law No. 35 of 2009concerning Narcotics, can be a Government Regulation; Increase personnel,budget, and increase the capacity of investigators at the Baubau Police; Providingcounseling and socialization of the Draft Government Regulation on theimplementation of Article 103 of Law No. 35/2009 which is new to the public sothat people become aware of the new laws and regulations and do not becomeblind to the law. It is better if the investigations and investigations carried out bythe Narcotics Unit of the Baubau Police are supported in terms of personnel,budget, and enhancement of investigator capacity by the Southeast SulawesiRegional Police by adding personnel, increasing the budget and increasing thecapacity of investigators.Keywords: Criminal Law Enforcement, Narcotics Users, Narcotics Offenders atthe Baubau Police.