Silvania Soviana (2020) Diskresi Kepolisian Dalam Penyidikan Untuk Mengualifikasi Pelaku Kejahatan Terorganisasi Tindak Pidana Narkotika. Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The thesis with its title “Discretion in Investigation for Qualifying Organized Crime Actors on Illicit Drug Traffic” is purposed to analyze the benchmarks for the Police in taking discretion alongside handling the organized crime actors of illegal drug trafficking. On the behalf of answering the problem solving, this thesis is aided by using legal research method that assisted with a legislative approach, conceptual approach, and case study approach. Illegal drug trafficking is one of the criminal offense which its existence will never be ceased in Indonesia, this however due to its negative impacts. As the law enforcer, the Police is obligated to contribute during the efforts of the eradication of narcotic activity. During the enforcement of the law, the police agency has been given its authority by the law in the form of discretion. The form of discretion that applied by the police agency is the discretion in term of determining or qualifying the perpetrator of the illegal drug trafficking as an organized crime actors. Qualifying the perpetrator as organized crime actors that carried out by the Police is based on benchmarks that consist of substantive concepts, rule of law, and bolstering theories. The Police, with their authority, carrying out investigative techniques as a means to deal with organized crime actors of illicit drug trafficking. The benchmarks are also useful to be used as a guide for the police in the exercise of their discretion. In addition, lawyers as investigators and judges also engage in the protection of organized freedom, as provided for in The law number 35 years 2009 on Narcotic. The role of law enforcers in this approach also requires special assistance in the eradication of organized crime actors on illegal drug trafficking problems.

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