PENEGAKAN HUKUM PIDANA TERHADAP PEREDARAN NARKOTIKA DI DALAM LEMBAGA PERMASYARAKATAN

Abstract

This research aims to analyze criminal law enforcement against narcotics distribution within Correctional Institutions (Lapas) based on prevailing laws and regulations, and to identify the impeding factors. This study employs a normative legal research methodology with a statute approach and a conceptual approach, analyzed through the rule of law theory, Soerjono Soekanto's law enforcement theory, and Lawrence M. Friedman's legal system theory. The findings indicate that criminal law enforcement against narcotics distribution within Lapas has a comprehensive normative foundation, encompassing Law Number 35 of 2009 on Narcotics, Law Number 22 of 2022 on Correctional System, the National Criminal Code under Law Number 1 of 2023, and the new Criminal Procedure Code under Law Number 20 of 2025. However, the enactment of the National Criminal Code has generated normative uncertainty due to the revocation of several Narcotics Law provisions without clear equivalents. Eight narcotics smuggling methods within Lapas were also identified, including concealment in visitors' belongings, within visitors' bodies, throwing over prison walls, use of drones, involvement of corrupt officers, and controlling drug networks from inside Lapas. The impeding factors consist of legal substance factors, law enforcement factors, facility and infrastructure factors, societal factors, and legal culture factors, which mutually interact and can only be resolved through a holistic and comprehensive approach.