ARRANGEMENT AUTHORITY BY INDONESIAN NATIONAL POLICE INVESTIGATORS AND INDONESIAN NATIONAL NARCOTICS AGENCY INVESTIGATORS IN NARCOTIC CRIMINAL
The Indonesian National Narcotics Agency (BNN) is expressly given authority by Article 75 letter (g) jo. Article 76 of Law Number 35 of 2009 concerning Narcotics, the BNN is provided a maximum arrest time of 3 x 24 hours and can be extended for 3 x 24 hours. Meanwhile, within the authority of Indonesian National Police investigators, as stated in Article 16, jo. Article 19 of Law Number 8 of 1981 concerning the Criminal Procedure Code, namely that an arrest is made no later than one day. This is a concern when suspects in narcotics crimes are undergoing investigations and will receive different treatment according to the calculation of the time of arrest. This study uses normative legal research; in this study, the author uses several approaches, namely the statutory approach (statute approach) and the conceptual approach (conceptual approach). The research results obtained are that it is necessary to immediately make changes to norms that clearly and unequivocally do not reflect synchronization between the legal basis for arrests used by both BNN investigators and Indonesian National Police investigators by making MOUs or joint work regulations between BNN and the Indonesian National Police for legal certainty in handling criminal acts. Narcotics or by recommending changes to specific articles in the law on narcotics crimes either in a judicial review to the Constitutional Court or by the DPR RI with the government.
Arrest Authority; Indonesian National Narcotics Agency (BNN); Indonesian National Indonesian National Police (Indonesian National Police).