INTRODUCTION
Nowadays, the development of crime rates in big cities in
Indonesia, such as Jakarta, is alarming because it is growing in quantity and
quality. It can be seen from the rise of news in the media about crimes that
occur in society, and in quality, it can be seen from the tools and methods
used by the perpetrators of these crimes in carrying out their actions (Rohman, 2016). Likewise, with
crimes in the field of narcotics, the quality of narcotics crimes can be seen
from the modus operandi and technology used to import or distribute narcotics,
both those sold for consumption in Indonesia and sale outside Indonesia, and
quantitatively it can be seen from the development of the types of narcotics.
Drugs are increasing day by day.
Narcotics abuse cases are closely related to illicit
trafficking as part of the world of international crime (Juliana & Nengah Sutrisna, 2013). The illicit trade
mafia supplies narcotics so that people become dependent, and the supply
continues to increase. The relationship between dealers/ dealers and victims
makes it difficult for victims to escape from dealers/ dealers. Victims are not
uncommon to be involved in illicit trafficking due to their increasing need for
and dependence on narcotics. The increase in the illicit trafficking of
narcotics cannot be separated from the activities of transnational criminal
organizations operating in various countries in an international crime network (Makaro, 2005). Because of the
huge profits, these criminal organizations are trying in every way possible to
maintain and continue to develop the illicit drug trafficking business by
infiltrating, interfering, and undermining government structures, legitimate
trade and financial businesses, and influential groups in society.
Three UN treaties form the international legal framework
concerning global drug control, including Single Convention on Narcotics, 1961,
amended by the 1972 Protocol; Psychotropic Convention, 1971, and Convention
Against Illicit Traffic in Narcotics and Psychotropics, 1988. The Single
Convention 1961 expands existing control measures to cover the cultivation of
plants from which narcotics originate. These provisions place a very heavy
burden on traditional producing countries in Asia, Latin America, and Africa
where. During the negotiations for the 1971 Convention on Psychotropic
Substances, it became clear that pressure was being exerted by the major
pharmaceutical industries in Europe and the United States, which feared that their
products would be under the same stringent controls as those provided for by
the Single Convention of 1961. The need for a new treaty was raised based on
the (scientific questionable) distinction between 'narcotics' controlled by the
1961 Convention and so-called 'psychotropic substances,' a concept coined
without a clear definition (Armenta & Jelsma, 2015).
Based on history of Indonesian nation, traces of the
existence of narcotics or other opium substances existed before independence in
1927. It was seen from Dutch government document in 1927 called VMO Staatsblad
No. 278 jo No. 536. The historical document contains official regulations
regarding substances that cause opium and drugs to circulate in the community.
Post-independence, the problem of drug abuse is increasingly widespread and
uncontrolled. This can be seen from the government's decision to issue a special
instruction on September 8, 1971, namely Instruction No. 6 of 1971. The main
contents of the instruction are to eradicate narcotics crimes, smuggling,
surveillance of foreigners, juvenile delinquency, and counterfeit money. The
government did not stop there. Along with the increasing drug abuse danger and
crime, the Indonesian government issued a law on narcotics No. 9 of 1976 (Kusumah, 1988).
The increasing number of narcotics trafficking and abuse
cases in the community lately cannot be separated from the influencing factors,
namely the demand factor, socializing in the nightlife environment, and the
pressure factor from certain groups (factor) supply. In narcotics distribution,
narcotics abusers are factors strongly influenced by the association in the
community. The use and abuse of narcotics are often associated with
environmental influences in society for having fun and parties because there is
an assumption from users that using narcotics will be more exciting regardless
of negative effects caused.
Transnational narcotics crimes are carried out using the
modus operandi and advanced technology, including securing proceeds of
narcotics crimes (Hariyanto, 2018). The development
of narcotics crimes has become a very serious threat to human life. Although
narcotics are useful and necessary for treatment and health services, if they
are misused or used not by treatment standards, especially if accompanied by
illicit trafficking, it will have very detrimental effects on individuals and
society, especially the younger generation, even cause greater danger for life
and cultural values of the nation.
Law enforcement officials in the country have done a lot
of law enforcement on narcotics crime cases. These actions are carried out
until the judge reaches a final legal decision in court. Law enforcement
officers have arrested drug dealers and traffickers in the last few decades.
The maximum legal sanction given is the death penalty. These sanctions do not
seem to have a deterrent effect on other perpetrators who have not been caught.
They are increasingly expanding the area of distribution and trafficking of
narcotics. The higher the action taken by law enforcement officers, the higher
the abuse and crime of narcotics. Moreover, over the last three decades, the
number of Americans killed by drug overdoses than quadrupled, rising from
16,849 in 1999 to 70,237 in 2017 (Zambiasi, 2020).
There is a comprehensive approach to tackling crime and
drug abuse, commonly known as harm minimization. This approach consists of
three main aspects, including controlling the supply of narcotics or referred
to as supply control, suppressing the demand for narcotics or demand reduction,
and suppressing the impact of damage due to narcotics or harm reduction. This
approach can work well if there is good cooperation between all relevant
agencies and elements of society in handling narcotics crime starting from the
pre-emptive, preventive, repressive, curative to recovery or rehabilitation stage
of victims or narcotics addicts.
Based on data from the National Narcotics Agency (BNN), the number of narcotics suspects
in the country will be as many as 1,307 in 2020. The trend in number of
suspected narcotics cases has tended to decrease since 2018. The National Narcotics
Agency reported that the number of suspects in national narcotics cases was
1,307 (833 cases) in 2020. This figure decreased 13.16% from the previous year,
which was 1,505 people. The accumulated number of narcotic suspects in
2009-2020 was 9,531 people. The number of successful cases was recorded at
6,128 cases. During 2009-2019, the number of narcotics suspects in the country
tended to increase until it reached its peak in 2018, then decreased until
2020. The number of narcotics suspects in 2018 reached 1,545 people, while the
lowest number of suspects in 2010 was 75 people. This can be seen in the
following graph:
Jakarta, as the center
of government, trade center, and entertainment center in Indonesia, is one of
the cities with the highest number of cases of drug trafficking and abuse
because cases that have occurred so far have always increased from year to
year. Based on data from the DKI Jakarta Provincial National Narcotics Agency (BNNP), the number of users and people
dependent on drugs in the DKI Jakarta area in 2021 will reach approximately 300
thousand people spread across all areas of DKI Jakarta. Meanwhile, from the
distribution area and users, Central Jakarta and West Jakarta are the most
vulnerable and have the highest number of consumers. Due to the number of
entertainment venues and hotels usually used as transit points in these two
areas is quite a lot compared to other areas; the West Jakarta area is also the
closest route from the airport to downtown Jakarta (BNNP, 2021).
One area that is prone to narcotics abuse cases is the
jurisdiction of the West Jakarta Police. Based on the initial data obtained by
the researchers in the field, the map of locations prone to narcotics
trafficking in the jurisdiction of the West Jakarta Metro Police includes:
Figure 2. Map of Areas Prone
to Narcotics Circulation
Source:
West Jakarta Metro Police Narcotics Unit Data, 2021.
The map above describes the area coverage of Kalideres,
Cengkareng (Permata Complex/ Ambon Village), Kembangan, Kebon Jeruk, Tanjung
Duren, Palmerah (Boncos Village), Tambora, Taman Sari, all of which are under
the jurisdiction of the West Jakarta Metro Police. Data from the West Jakarta
Metro Police shows the total crime (total crime) related to narcotics from 2018
to November 2020 in 1062 cases. Meanwhile, the number of settlements of
narcotics cases (crime clearance) reached 998 cases.
Narcotics
crimes in 2019 were 347, while in 2020, there were 248, and in 2021, there were
141. The trend of narcotics crime at the West Jakarta Metro Police from 2019 to
2021 has decreased. Although the number has decreased, drug dealers' role in
prison remains large, driving the sale and circulation of narcotics through
accomplices outside the prison. This means that narcotics crimes are carried
out by a network of highly organized and systematic groups, thus requiring the
cooperation of all parties to participate in the success of law enforcement
against narcotics crimes.
As law enforcement officers in charge of conducting
investigations and investigations related to narcotics crimes, the results of
investigations and investigations carried out by the West Jakarta Police
Narcotics Satres are information that must be kept safe. The resulting information
can be in the form of hardcopy or softcopy stored on various forms of media
such as flash disks, Compact Disks (CDs), tape backups, or on computers at the
West Jakarta Police Narcotics Unit.
In addition, to prevent the spread of criminal acts
through information technology, providers should be able to overcome the risk
of technology abuse by strengthening information security through stricter
policies. To prevent narcotics crimes, the West Jakarta Police Narcotics Unit
is required to have the ability to read information security risk management,
including (1) Identifying threats of misuse of information resources; (2)
Define the risks that these threats can cause; (3) Determine the information
security policy; and (4) Implement controls to address these risks. With the
implementation of information security management, it is hoped that it can
reduce the risk of misuse of information technology, such as in the context of
research using Instagram and the megamarijuanastore.com website.
Based on the above background, the authors are interested
in conducting research under the title "Strategy for Disclosure of
Narcotics Crimes with Information Technology by the West Jakarta Police."
METHOD
This study used legal
research. Legal research is an analytical process that includes methods,
systematics, and certain thoughts that aim to study certain legal phenomena,
then seek solutions to problems that arise.
Research methods and legal
writing are all activities of a person to answer legal problems that are
academic and practical, both those that are legal principles, legal norms that
live and develop in society, as well as those regarding legal reality in
society (Ali, 2021). This method has a
special classification compared to other scientific research methods.
RESULTS AND DISCUSSION
A. Strategy for Drug Crimes Disclosure
with Information Technology
Sociologically and anthropologically,
drug trafficking and abuse that occurs in the jurisdiction of the Metro Jaya Police
is a social phenomenon that develops in urban communities and results from
socio-cultural construction. In addition, the problem of drug trafficking and
abuse can also be referred to as a global problem because it always exists in
almost all countries in the world. Various efforts have been made by various
competent parties, including by involving interfaith leaders, to overcome this
problem, but it has not shown encouraging results. On the contrary, it is
increasingly endemic to all corners of the Jakarta Metropolitan Police. With
these conditions, it can be concluded that the drug problem has become entrenched
in the community, so it is difficult to find a way out of this problem.
Circulation and abuse of drugs in the
jurisdiction of Metro Jaya Police cannot be separated from the deviant behavior
of the perpetrators, in this case, drug dealers and users. Deviant behavior is
a deviation from the path determined based on legal norms that apply in society
to achieve its goals. This behavioral deviation is solely driven by
socio-cultural values, which are considered to function as guidelines for the
behavior of every human being in his life. Thus, deviant behavior will occur if
humans place more importance on socio-cultural values than the existing rules
to achieve their goals.
Illicit trafficking and drug abuse are
concrete examples of various deviations from the existing legal rules because
people see these rules as no longer adequate to be used as guidelines for their
daily life. This prolonged economic crisis has affected all aspects of our
social, economic, political, and cultural life. Poverty and the weakness of the
law, for example, encourage people to look for shortcuts in achieving their
life goals/ideals, in addition to seeking self-identity, entertainment, and fad
factors. This entertainment and fad factor has been attached to every human
being, referred to as homo luden.
The pattern of drug users goes through
several stages, such as:
1) A trial
pattern, for a whim, to know. The influence of peer groups is very large,
namely close friends or other people who offer or persuade to use drugs. The
inability to say "no" encourages children to try it, especially if
there is curiosity or want to try.
2) Patterns
of social use, namely drug use for social purposes and the desire to be
recognized or accepted by the group.
3) Situational
usage patterns, namely because of certain situations, such as stress and
feeling lonely.
4) The
habituation pattern has reached the regular or frequent use stage. There are
changes in the body and lifestyle.
5) A
pattern of dependence (compulsions) with typical symptoms, namely the emergence
of tolerance or withdrawal symptoms. Such as try to get drugs in various ways:
lying, cheating, and stealing. He can no longer control himself in his
association because drugs have become the center of his life.
The definition of "narcotics/ psychotropic
dealers" is not explicitly explained in the Narcotics Law and the
Psychotropic Law. Implicitly and narrowly, it can be said that "narcotics/
psychotropic dealers" are people who carry out the distribution and
delivery of narcotics/ psychotropics. However, broadly the definition of
"dealer" can also be oriented to the dimensions of the seller, the
buyer to circulate, transport, store, control, provide, export, and import
"Narcotics/ Psychotropics." In the provisions of the Narcotics law,
"dealer" is regulated in Articles 111, 112, 113, 114, 115, 116, 117,
118, 119, 120, 121, 122, 123, 124, 125, and in the Psychotropic Law it is
regulated in Article 59 paragraph (1) letter a, c, Article 60 paragraph (1)
letter b, c, paragraph (2), (3), (4), (5), Article 61 and Article 63 paragraph
(1) letter an of the Psychotropic Law.
It is the same for "narcotics/ psychotropic
users." In essence, "users" are people who use substances or
drugs derived from plants, both synthetic and semi-synthetic, which can cause a
decrease or change in consciousness, loss of taste, reduction to eliminate
pain, and can cause dependence, which is distinguished into groups as attached
in Narcotics/ Psychotropic Law. In the provisions of the Narcotics law,
"users" are regulated in Articles 116, 121, 126, 127, 128, and 134.
The Psychotropic Law is regulated in Articles 36, 37, 38, 39, 40, 41, 59
paragraphs (1) letter a, b and Article 62 of the Psychotropic Law.
The law authorizes the Police to carry
out undercover and provocation techniques. In this case, the Police created the
crime scene, and there were no police reports. Another characteristic of drug crime
is the position of witnesses who, in drug cases being examined in court, are
prohibited from mentioning names, addresses, or things that reveal the
possibility of revealing the complainant's identity (Article 57 of Law 5/1997).
This article provides an opportunity to be misused by providing false
information. Drugs are a priority. Thus, this case is a case that takes
precedence over other cases to be submitted to the court for examination and
settlement as soon as possible (Article 58 of Law 5/1997).
Article 1 paragraph 2 of the Criminal
Procedure Code states, "An investigation is a series of actions by an
investigator in the case that according to method regulated in this law, to
seek and collect evidence to clarify the criminal act that occurred and to find
the suspect." Meanwhile, investigators in the Criminal Procedure Code are
officials of the state police of the Republic of Indonesia or certain civil
servants who are given special authority by law to conduct investigations.
It can be explained under the
provisions of Article 5 of Criminal Code, in a series of investigations,
investigators have the authority to receive reports of criminal acts, seek
information and evidence, order suspected persons to stop, ask for and examine
personal identification, take other actions according to responsible law. On
orders from investigators, investigators can also carry out arrests,
prohibitions from leaving the premises, searches and confiscations, examination
and confiscation of letters; take fingerprints and photograph a person; bring
and confront investigators.
Regarding arrest, it is regulated in
chapter V of the Criminal Code. An arrest order is made against a person
strongly suspected of committing a crime based on sufficient preliminary
evidence (article 17). The execution of the task of arresting must show a
letter of assignment stating the reason for the arrest, of which a copy of the
arrest shall be given to his family immediately after the arrest is made; in
the case of being caught red-handed, the arrest is made without a warrant,
provided that the catcher must immediately hand over the caught along with the
available evidence to the nearest investigator or assistant investigator
(article 18).
The investigator also prepares the
official report, as stipulated in Article 75, which includes the official
report on the examination of the suspect; arrest; detention; search; house
income; confiscation of objects; mail inspection; coercion inspection at the
scene; implementation of court decisions and decisions; implementation of other
actions by the provisions of this law.
Prohibition of case files to the public
prosecutor is regulated in Article 8 of the Criminal Code. In the first stage,
the investigator only submits the case file. If the investigation is complete,
the investigator submits responsibility for the suspect and evidence to the
public prosecutor. In the case of narcotics, these two methods are used to
uncover the narcotics distribution network. The Police pretend to be narcotics
buyers, but their goal is to arrest and uncover the network. This method is
justified in the Narcotics Law and the Psychotropic Law.
Disclosure of cases using information technology
is carried out by analyzing the cell phone numbers of the perpetrators in the
drug network database by West Jakarta Police Analyst Team. However, there is
also a case disclosure, starting with the information on the drug network's
telephone number obtained by the informant's investigator. Disclosure of drug
cases with the combined method in question is the disclosure of drug cases by
combining the two methods used: disclosure of cases with conventional methods
and disclosure of cases using Information Technology methods.
Disclosure of drug cases using a
combination method is a form of case development using conventional methods.
Therefore, the initial step was not much different from the conventional
method, which was preceded by a report from an informant. However, there are
also developments from the cases being handled by investigators confiscating
the suspect's cell phone, in which data is then taken. From the cellular phone,
data was taken, then analyzed the numbers involved in the drug network.
Disclosure of drug cases, both using
the Information Technology Utilization method and combination method by West
Jakarta Police, has a correlation when it is associated with several concepts
that have been discussed in the previous chapter, including:
1) According
to Haag and Keen (1996), the concept of
Information Technology is a set of tools that help humans work with information
and perform tasks related to information processing. The statement can be
concluded that activities of West Jakarta Police in uncovering drug cases using
information technology are by utilizing a set of tools to assist in carrying out
police duties.
2) The
concept of Information Security, according to Pipkin (2000), says that:
Information is one of the assets of a company or organization, which like other
assets, has a certain value for company or organization so that it must be
protected, to ensure the continuity of company or organization, minimizing
damage due to information leakage, accelerating the return of investment and
expanding business opportunities. From this statement, it can be concluded that
the results of drug crime cases disclosure by West Jakarta Police are an asset
for the Police institution, it must be protected so that information is not
leaked to unauthorized parties.
3) The
concept of CIA triangle model based on Pipkin (2000), and Bishop (2003), stated that
information security has three aspects that must be understood to be able to
apply it, which is called the CIA triangle model, namely as follows:
a)
Confidentiality, namely must ensure
that only those who have the right have access to certain information.
b)
Integrity guarantees the completeness
of information and protects it from corruption, damage/ other threats that
cause it to change from the original.
c)
Availability, namely the aspect of
information security that ensures users can access information without
interference and not in an unusable format. Users, in this case, can be humans
or computers, which of course this case, have the authorization to access
information.
d)
Data & Services, namely data
services, are in a safe condition without any disturbance that endangers them.
From this statement, it can be concluded that the database of drug case
perpetrators stored at the West Jakarta Police is "safe" from
interference from any party so that it will be easy to find at any time the
data is needed.
4) The
concept of Information Security Management proposed by Krause (2006)
states that information security management is one of three parts in the
information security component and part of overall management because it
focuses on the security of the organization's operations. From this statement,
it can be concluded that the disclosure of drug cases using information
technology carried out by the West Jakarta Police is carried out through
several stages in the management process, which includes: planning, policies,
programs used, data protection, human resources, and management proses
implementation
5) The
concept of the Cellular Telephone, according to Jogiyanto (2007)
and Theodora (2007),
states that a cellular phone is an electronic telecommunication device without
cables (wireless) that can be carried everywhere and is mobile or moving. From
this statement, it can be concluded that in the drug cases disclosure using
information technology by West Jakarta Police, the information technology media
used is data from the perpetrator's cellular phone. From the data of the
perpetrator's cell phone, the extent to which the parties involved in the
distribution and abuse of drugs were developed.
CONCLUSION
Drug cases disclosure with the
use of information technology directly has an impact on improving the
performance of West Jakarta Police, both improving the performance of its
investigators and the performance of West Jakarta Police as a whole, especially
the improvement and procurement of facilities and infrastructure to eradicate
drugs in jurisdiction of West Jakarta Police. In general, the impact of
disclosing drug cases using information technology on improving the performance
of West Jakarta Police including: (1) Improving the performance of West Jakarta
Police Investigator personnel; (2) Disclosure of drug cases can be optimal in
terms of the amount of evidence and raids on drug factories; (3) Drug networks
will be revealed to the top level dealers, and the role of each of these
networks can be seen; and (4) Improvement of facilities and infrastructure
available at West Jakarta Police.
REFERENCES
Ali, Z. (2021). Metode penelitian hukum. Sinar
Grafika. Google Scholar
Armenta, A., & Jelsma, M. (2015). The UN Drug Control
Conventions A Primer. The Transnational Institute (TNI). Google Scholar
Bishop, M. (2003). Robust programming. handout for ECS
153, Introduction to Computer Security, Department of Computer Science,
University of California at Davis, Davis, CA. Google Scholar
BNNP. (2021). Report of BNNP DKI Jakarta 2021.
Haag, S., & Keen, P. (1996). Information Technology:
Tomorrow’s Advantage Today. ERIC. Google Scholar
Hariyanto, B. P. (2018). Pencegahan dan Pemberantasan
peredaran narkoba di Indonesia. Jurnal Daulat Hukum, 1(1). Google Scholar
Jogiyanto, H. M. (2007). Sistem informasi keperilakuan. Yogyakarta:
Andi Offset. Google Scholar
Juliana, L. F., & Nengah Sutrisna, W. (2013). Narkoba,
Psikotropika, dan gangguan Jiwa. Yogyakarta: Nuha Medika. Google Scholar
Krause, M. (2006). Information Security Management Handbook
on CD-ROM (Vol. 27). CRC Press. Google Scholar
Kusumah, M. W. (1988). Kejahatan dan penyimpangan dalam
perspektip kriminologi. Yayasan Lembaga Bantuan Hukum Indonesia. Google Scholar
Makaro, M. T. (2005). Tindak Pidana Narkotika. Google Scholar
Pipkin, D. L. (2000). Information security: protecting the
global enterprise. Prentice-Hall, Inc. Google Scholar
Rohman, A. (2016). Upaya menekan angka kriminalitas dalam
meretas kejahatan yang terjadi pada masyarakat. Perspektif, 21(2),
125–134. Google Scholar
Theodora, T. (2007). GSM vs CDMA (III).
http://www.waena.org/index2.php?option=com_content&do_ pdf=1&id=19
Zambiasi, D. (2020). Drugs on the web, crime in the
streets: The impact of Dark Web marketplaces on street crime. UCD Centre
for Economic Research Working Paper Series. Scopus
