Basic Implementation of Criminal Law Policy to Foreigners of Narcotics Criminal Acting

Oct 13, 2025 by windailys.com 15 views

Analysis of Criminal Law Policy on Foreign Citizens of Narcotics Criminal Acting: Challenges and Solutions

Introduction

Narcotics criminal cases are serious crimes that can threaten the stability of a country. However, the application of criminal law policies to foreign nationals (foreigners) of narcotics criminal acts in Indonesia often causes controversy. This is caused by several factors, such as the protection of the rights of perpetrators of crime and the lack of firmness of the legislation system. In addition, the implementation of this policy is also colored by pros and cons in the community.

The purpose of this study is to examine the application, implementation, obstacles, and solutions in implementing criminal law policies to the foreigners of the perpetrators of narcotics criminal acts in Indonesia. By using a descriptive analytical normative legal research method, this study examines secondary data and primary data through library studies.

Basic Implementation of Criminal Law Policy to Foreigners of Narcotics Criminal Acting

The application of criminal law policies to narcotics crime in Indonesia is based on the territorial principle, which places the location of the case (locus delicti) as the basis for the enactment of the law. This means that foreigners who commit narcotics crime in the territory of Indonesia will be subject to Indonesian law, regardless of its citizenship. The Indonesian government has the authority to prosecute and punish foreigners who commit narcotics crimes in the country.

The Indonesian Criminal Code (KUHP) provides the legal framework for the prosecution of narcotics crimes. Article 82 of the KUHP states that foreigners who commit crimes in Indonesia will be subject to Indonesian law. This provision is based on the principle of territoriality, which means that the location of the crime is the basis for the application of the law.

Obstacles in Applying Criminal Law Policy

Some obstacles in the application of criminal law policies to the foreigners of the perpetrators of narcotics criminal acts in Indonesia include:

Differences in Understanding

There are differences in understanding of the concept of implementing criminal law policies, especially related to the death penalty, between academics, legal practitioners, and law enforcement. Some people believe that the death penalty is an effective deterrent against narcotics crimes, while others argue that it is a violation of human rights.

PRES and CONTA

Prose and cons debates in the community related to the application of the death penalty for the foreigners of the perpetrators of narcotics criminal acts. Some people argue that the death penalty is a necessary measure to protect society from the dangers of narcotics, while others argue that it is a form of state-sponsored murder.

Foreign Country Intervention

The existence of intervention from the country of origin of WNA related to the implementation of criminal law policies, especially the death penalty. Some countries have diplomatic relations with Indonesia and may intervene in the prosecution of their citizens who commit narcotics crimes in the country.

Solution to Overcome Obstacles

To overcome these obstacles, a participatory approach involves all interested parties, such as:

Increasing Coordination

Increasing coordination and communication between law enforcement agencies, academics, and legal practitioners in order to create the same understanding of the application of criminal law policies. This can be achieved through regular meetings and workshops to discuss the implementation of criminal law policies.

Socialization and Education

Conducting socialization and education to the public regarding the dangers of narcotics and the importance of law enforcement. This can be achieved through public awareness campaigns and educational programs in schools and communities.

Diplomacy and Cooperation

Strengthening diplomacy and cooperation with foreign countries to overcome the problem of intervention and facilitate legal processes. This can be achieved through diplomatic channels and international cooperation agreements.

Conclusion

The application of criminal law policies to the foreigners of the perpetrators of narcotics criminal acts in Indonesia is an important step in an effort to eradicate narcotics crime. However, efforts are needed to overcome the various obstacles faced, such as differences in understanding, pros and cons in society, and foreign country interventions. The application of a participatory approach to involving all interested parties is an effective solution to increase the effectiveness of this policy.

Recommendations

Based on the findings of this study, the following recommendations are made:

The Indonesian government should increase coordination and communication between law enforcement agencies, academics, and legal practitioners to create a common understanding of the application of criminal law policies.
The government should conduct socialization and education to the public regarding the dangers of narcotics and the importance of law enforcement.
The government should strengthen diplomacy and cooperation with foreign countries to overcome the problem of intervention and facilitate legal processes.
The government should consider the use of alternative punishments, such as rehabilitation and community service, for foreigners who commit narcotics crimes in Indonesia.

Limitations of the Study

This study has several limitations, including:

The study only examined the application of criminal law policies to foreigners who commit narcotics crimes in Indonesia.
The study did not examine the impact of the application of criminal law policies on the community.
The study did not examine the effectiveness of the application of criminal law policies in reducing narcotics crime.

Future Research Directions

Future research should examine the impact of the application of criminal law policies on the community and the effectiveness of the application of criminal law policies in reducing narcotics crime. Additionally, future research should examine the use of alternative punishments, such as rehabilitation and community service, for foreigners who commit narcotics crimes in Indonesia.

References

Indonesian Criminal Code (KUHP)
Article 82 of the KUHP
Territorial principle
Participatory approach
Socialization and education
Diplomacy and cooperation
Alternative punishments

Appendix

List of references
List of abbreviations
Glossary of terms

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Frequently Asked Questions (FAQs) on Analysis of Criminal Law Policy on Foreign Citizens of Narcotics Criminal Acting: Challenges and Solutions

Q1: What is the purpose of this study?

A1: The purpose of this study is to examine the application, implementation, obstacles, and solutions in implementing criminal law policies to the foreigners of the perpetrators of narcotics criminal acts in Indonesia.

Q2: What is the territorial principle in the context of criminal law policy?

A2: The territorial principle is a principle in criminal law policy that places the location of the case (locus delicti) as the basis for the enactment of the law. This means that foreigners who commit narcotics crime in the territory of Indonesia will be subject to Indonesian law, regardless of its citizenship.

Q3: What are the obstacles in applying criminal law policy to foreigners who commit narcotics crimes in Indonesia?

A3: Some obstacles in the application of criminal law policies to the foreigners of the perpetrators of narcotics criminal acts in Indonesia include differences in understanding, pros and cons debates in the community, and foreign country interventions.

Q4: What is the participatory approach in the context of criminal law policy?

A4: The participatory approach is a method of involving all interested parties, such as law enforcement agencies, academics, and legal practitioners, in the implementation of criminal law policies. This approach aims to create a common understanding of the application of criminal law policies and to increase the effectiveness of this policy.

Q5: What are the solutions to overcome the obstacles in applying criminal law policy?

A5: Some solutions to overcome the obstacles in applying criminal law policy include increasing coordination and communication between law enforcement agencies, academics, and legal practitioners, conducting socialization and education to the public regarding the dangers of narcotics and the importance of law enforcement, and strengthening diplomacy and cooperation with foreign countries.

Q6: What are the recommendations of this study?

A6: Based on the findings of this study, the following recommendations are made:

The Indonesian government should increase coordination and communication between law enforcement agencies, academics, and legal practitioners to create a common understanding of the application of criminal law policies.
The government should conduct socialization and education to the public regarding the dangers of narcotics and the importance of law enforcement.
The government should strengthen diplomacy and cooperation with foreign countries to overcome the problem of intervention and facilitate legal processes.
The government should consider the use of alternative punishments, such as rehabilitation and community service, for foreigners who commit narcotics crimes in Indonesia.

Q7: What are the limitations of this study?

A7: This study has several limitations, including:

The study only examined the application of criminal law policies to foreigners who commit narcotics crimes in Indonesia.
The study did not examine the impact of the application of criminal law policies on the community.
The study did not examine the effectiveness of the application of criminal law policies in reducing narcotics crime.

Q8: What are the future research directions?

A8: Future research should examine the impact of the application of criminal law policies on the community and the effectiveness of the application of criminal law policies in reducing narcotics crime. Additionally, future research should examine the use of alternative punishments, such as rehabilitation and community service, for foreigners who commit narcotics crimes in Indonesia.

Q9: What are the references used in this study?

A9: The references used in this study include the Indonesian Criminal Code (KUHP), Article 82 of the KUHP, the territorial principle, the participatory approach, socialization and education, diplomacy and cooperation, and alternative punishments.

Q10: What is the appendix of this study?

A10: The appendix of this study includes a list of references, a list of abbreviations, and a glossary of terms.

Note: The Q&A article is in markdown form, and the questions and answers are in a clear and concise format. The article provides additional information and clarification on the topics discussed in the main article.