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International Journal of Civil Engineering and Technology (IJCIET)
Volume 10, Issue 03, March 2019, pp. 743-749, Article ID: IJCIET_10_03_071
Available online at http://www.iaeme.com/ijciet/issues.asp?JType=IJCIET&VType=10&IType=03
ISSN Print: 0976-6308 and ISSN Online: 0976-6316
© IAEME Publication
Scopus Indexed
ENHANCEMENT TECHNOLOGY IN THE PREVENTION
SYSTEMS OF NARCOTICS CIRCULATION IN
CORRECTIONAL FACILITY INDONESIA
Irwan Jasa Tarigan
Lecture Universitas Pembangunan Panca Budi Medan, North Sumatera, Indonesia
Tengku Riza Zarzani
Lecture University Of Muhammadiyah Sumatera Utara Medan, North sumatera Indonesia
Irma Fatmawati
Lecture Universitas Pembangunan Panca Budi Medan, North Sumatera, Indonesia
ABSTRACT
Circulation of narcotics, especially prisons, is very widespread, this is an impact
of the loss of control of the existing legal system. This papers described implement
technology an impact on the formation of a negative view of the community towards
the implementation of law enforcement in Indonesia, especially in the prison
institution. For this reason, an effort and concrete steps are needed to overcome and
eradicate the circulation of narcotics in prisons through changes in the legal system.
So the problem examined is how the legal system for the prevention of narcotics
circulation in prisons that can bring justice to peace. By using juridical empirical
research methods with primary data sourced from Cipinang prison, the results of the
study show that the legal system in the form of legal structure, a legal substance, and
legal culture is very worrying, but there are changes in rehabilitation, methadone
therapy, and rewards for officers. The most important thing that needs to be done by
the Ministry of Law and Human Rights immediately needs to improve the existing
legal system in correctional institutions in order to create a system of prevention of
drug trafficking in prisons and reduce the circulation of narcotics in prisons.
Keywords: narcotics, circulation, legal system.
Cite this Article: Irwan Jasa Tarigan, Tengku Riza Zarzani and Irma Fatmawati,
Enhancement Technology in the Prevention Systems of Narcotics Circulation in
Correctional Facility Indonesia, International Journal of Civil Engineering and
Technology, 10(03), 2019, pp. 743-749
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Irwan Jasa Tarigan, Tengku Riza Zarzani and Irma Fatmawati
1. INTRODUCTION
Circulation of narcotics in correctional institutions (Lapas) has been very widespread. In
accordance with data from the National Narcotics Agency (BNN) every year there is
disclosure of narcotics circulation from behind Lapas. For example, in 2012, seven
Nusakambangan prisoners were proven to be the masterminds of the circulation of 3.9
kilograms of narcotics in Depok. In 2013, a convict with the initials FI alias JF, who was
languishing in the Kembang Kuning Institute of Agriculture, Nusakambangan, was also
proven to have ordered a courier with the initials BL to distribute shabu-shabu and heroin in
DKI Jakarta. In 2014 [1], it was revealed that two convicts from Pontianak Lapas named
Jacky Chandra and Koei Yiong alias Memey were proven to have sent a messenger named
Nuraini to smuggle 5 kg of shabu-shabu from Malaysia to Indonesia. In 2015, the death row
convicted narcotics case, Freddy Budiman, was suspected of controlling the circulation of
narcotics from the Nusakambangan Prison [2][8]. This shows that narcotics abuse in
Indonesia has reached a very alarming level especially in prisons, this condition is
strengthened by statements from President of the Republic of Indonesia which states that
almost 50% of drug trafficking in Indonesia occurs and is controlled from inside the
Penitentiary (Lapas) and State Detention House (Detention) 3 and the number of prisoners
and prisoners of narcotics cases as of April 2016 reached 80,360 [3][9].
Circulation of narcotics in prisons is illegal circulation carried out without rights or
against the law. This shows that the circulation of narcotics in prisons is an extraordinary
crime with a complex network system, for example, transactions carried out by Freddy's
narcotics network are carried out in various modes, such as mingling (mixing funds from
proceeds of crime with funds from legal activities to obscure the source of funds), smuggling,
and gambling online [4][10]. These conditions have an impact on the formation of negative
public views on the implementation of law enforcement in the Correctional Institution
environment [5][11].
Circulation of narcotics in prisons in a legal perspective is closely related to the legal
system in prisons. In other words, the circulation of narcotics in prisons will not occur if the
legal system6 works together well. There have been a lot of 'victims', especially prisoners
who have always been raided and those who have been sanctioned have even been fired [6].
Data shows that in Semarang 25 prisoners were raided at IA Kedungpane Class Prison, Three
prisoners of the Salambue Institute of the Institute for the Development of IIB in Padang
Sidimpuan City, while the officers who were sanctioned were mentioned by the Head of
Regional Office of the Ministry of Law and Human Rights in 2015. Which is subject to
administrative sanctions for being negligent on duty. Thus, between legal structures, legal
substances, and legal culture in prisons must support each other [7] [14]. The problem
examined was how the legal structure, legal culture and legal substance prevention of drug
trafficking systems in prisons could bring justice to peace in prisons [5].
2. METHOD OF RESEARCH.
The type of data used in this study is secondary data and primary data. Secondary data in the
form of literature as listed in the Bibliography, Correctional Service Standards, and
Guidelines for Implementing Narcotics Eradication and Eradication Action Plans in Lapas,
Scientific works in the form of journals, theses, theses, dissertations, and legislation. Primary
data, in the form of quantitative data, namely data obtained from prison officers and visitors
through questionnaires or questionnaires to all respondents. This research is descriptive
analytic aimed at expressing a problem or situation or event as it is so that it can reveal the
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Enhancement Technology in the Prevention Systems of Narcotics Circulation in Correctional
Facility Indonesia
actual facts.10 And analysis of the data obtained, both secunder data and primary data, is then
analyzed qualitatively.
3. ANALYZE AND RESULT
Legal structure is the institutionalization of legal entities relating to the circulation of
narcotics in prisons. This study shows that the brief history of the Cipinang Class I
Correctional Institution was originally a technical implementation unit in the field of
correctional facilities under the Indonesian Ministry of Law and Human Rights cq. The
Directorate General of Corrections and is directly responsible to the Regional Office of the
Ministry of Law and Human Rights of the Republic of Indonesia. Cipinang Class I Lapas was
founded in 1912 by the Dutch East Indies Government, along with the times and the birth of
the correctional system in Indonesia in 1964, the building that was used as a Prison for the
natives was changed its function as a Penitentiary or Lapas. Cipinang Class I Lapas was
formed based on the Decree of the Minister of Justice of the Republic of Indonesia Number
M.01.PR.07.03 of 1985 concerning the Organization and Work Procedure of Correctional
Institutions located at Jl. Bekasi Timur No.170 East Jakarta. The Cipinang Class I Lapas
building has undergone several changes until finally the total changes and renovations were
carried out in 2006. Now the Cipinang Class I Lapas with a capacity of 920 people consists of
3 Residential Blocks which includes 208 rooms.
The number of assisted residents in January to August 2016 is as follows:
Table 1. Calculation of Resident class 1 Cipinang.
No
Period
Digs & Criminal
Capacitas
Percentage
% Over capacitas
1
2
3
4
5
6
7
8
9
January
February
March
April
May
June
July
August
September
2920
2930
2926
2954
2906
2884
2838
2871
2860
880
880
880
880
880
880
880
880
880
332
333
332
336
330
328
322
326
325
232
233
232
236
230
228
222
226
225
The data shows that Lapas capacity can only accommodate 880 assisted residents, but
every month the assisted residents always exceed capacity. The development of Cipinang
Class I Prisoners starting January to August 2016 is described in the following graph:
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Figures 1. The Development of Cilincang Class I prisoners
The data shows that the total number of inmates is 2800 with the majority of the types of
narcotics crimes, which is equal to 2428 residents. From the description of the existing prison
conditions, several findings of conditions in the field are related to the narcotics distribution
prevention system, namely:
a) Metal detectors
The results showed that there were 60% of Cipinang Class I prisons metal detectors are not
good and 40% are good metal detectors. This is very worrying, because 40% of respondents
stated, and must be taken seriously. Metal detectors that are not good must be repaired or
replaced with new ones.
b) CCTV
The results showed that in Cipinang Class I Lapas there were 20% less good CCTV and 80%
good CCTV. This is very worrying, because 20% of respondents stated, and must be taken
seriously. CCTV that is not good must be repaired or replaced with a new one.
c) Tracking Dogs
In the Cipinang Class I Lapas there are no sniffer dogs, no tracking dogs for narcotics
detection. For this reason, it should be considered to provide narcotics tracking dogs.
d) Sterilization Room
The results of the study showed that in Cipinang Class I Prison there were 20% less good
Sterilization Rooms and 80% good Sterilization Rooms. For this reason, we need to consider
the availability of sterilization rooms, the functioning of the sterilization room, and the use of
sterilization rooms.
e) HR Professionalism
The results showed that in Cipinang Class I Lapas there were 70% less professional HR and
30% professional human resources. This was very worrying because of that the human
resources at the Cipinang Class I Prison Institution had to be increased professionalism.
The circulation of drugs in Indonesia was initially only used for medical treatment, but
over the changing times. Circulation of the drug is not used for medical treatment but is
consumed by certain people. In the end the drug circulation abused is called the circulation of
narcotics in which there is drug trafficking. Circulation of narcotics is already at the level of
concern for the Indonesian people, where narcotics circulation has now begun to become
youthful and children. This of course must get serious handling by the government, in 1997
the government began to seriously make legal regulations with the enactment of Law No. 22
of 1997 Narcotics and Law No. 5 of 1997 concerning Psychotropic, then revised into Law
No. 35 of 2009 about Narcotics.
Law No. 35 of 2009 concerning Narcotics when viewed from a legal positivist stream
examined from the circulation of narcotics is categorized as harmful to health, the reality that
occurs in the life of the narcotics circulation community must be prevention and prevention
efforts. The rules of positive law in the law will be more effective with the imposition of
prison imprisonment, the flow of legal positivism also recognizes laws outside the law. In the
sense of positivism law does not separate between existing or applicable law (positive), with
the law that should exist. Penalties for imprisonment for narcotics dealers have been
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appropriately implemented, for drug addicts should not be imprisoned but rehabilitated.
Because it ignores what is behind the law, namely in the form of values of truth, welfare and
justice that should be in the law.
Related to the circulation of narcotics in prisons, consider Law Number 12 of 1995
concerning Corrections (Penitentiary Law) states that the correctional system implemented in
Lapas is a series of law enforcement aimed at making prisoners aware of their mistakes,
improving themselves, and not repeating crimes so that they can be accepted again by the
community. , and can live naturally as a good and responsible citizen. As a regulation on the
implementation of the Correctional Law, a Regulation of the Minister of Law and Human
Rights was issued Number 6 of 2013 concerning Tata
Orderly Correctional Institutions and State Detention Houses (Permen No. 6 of 2013).
Article 4 point 7 The regulation prohibits every prisoner or detainee from storing, making,
carrying, distributing, and / or consuming narcotics and / or narcotics precursors and other
dangerous drugs. Violations of this prohibition including this prohibition include severe
penalties provided for in Article 10 paragraph (3). Whereas in the case of a violation
committed by an inmate or detainee suspected of a criminal act, the Head of the Prison or
Head of Detention Center continues to the competent authority (Article 17 of Permen No. 6
of 2013).
On April 29, 2016 the Director General of Corrections issued a Circular Number Pas182.PK.01.04.02 of 2016 concerning Increasing Prevention of the Disposal of Banned Items
in Prisons, Detention Centers and Prison Branches. The circular letter was addressed to the
Head of the Regional Office of the Indonesian Ministry of Law and Human Rights Up. Head
of Correctional Division in All Indonesia. The circular letter was used as a guideline in order
to increase the prevention of smuggling of prohibited goods in Penitentiary / State Detention
Centers. This circular letter needs to be increased to the Minister of Law and Human Rights
Regulation. This is important considering that until now there has been no Minister of Law
and Rights Regulation Human Rights which regulates prevention of drug trafficking in
Prisons and Detention Centers. Based on the things above, it shows that the legal substance
still does not support the prevention of drug trafficking.
There is a glimmer of hope in efforts to realize justice for peace in Lapas in the form
of rehabilitation, methadone therapy, appreciation for officers and the formation of
regulations. Efforts to realize justice for peace are carried out by the following actions:
a) Rehabilitation
The number of people assisted by narcotics in Cipinang Class I Lapas until August 2016
amounted to 2800 people, and with the majority of the types of narcotics crimes totaling 2428
residents. The results of the interview indicated that there were 3 waves of rehabilitation
programs in the Class I Cipinang Lapas15. Each wave was carried out for 3 months, and was
attended by 60 residents. The requirement to take part in narcotics rehabilitation in Cipinang
Class I Lapas is the inmates who are at least 6 months ahead of their release. This is
important to create a strong culture of community development, not to commit acts of
narcotics abuse again. So it is expected that after being released, the inmates who have
attended rehabilitation will not repeat their actions again.
Drug abuse mostly starts with trial and error in the social environment. The longer the
usage, the higher the risk of addiction. If it continues, then the dosage of narcotics used will
also be greater to reach the desired condition (teler). Up to the point of not being able to miss
a day without narcotics.
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Therefore, narcotics rehabilitation is needed as an effort to save users from narcotics
shackles. For this reason, there are several stages of narcotics rehabilitation that need to be
carried out. The key to narcotics rehabilitation is to do it as soon as possible. For this reason,
a narcotic dependency specialist is needed with the help of a psychiatrist or counselor
specialized in this field. Like other addicts, narcotics addicts often deny their condition and
are difficult to ask for rehabilitation. Usually intervention from family or friends is needed to
motivate or make drug users want to carry out rehabilitation.
Treatment through medication will be carried out through doctor supervision, depending
on the type of narcotics used. Drug users of heroin or morphine types will be given drug
treatment such as methadone and buprenorphine. This drug will help reduce the desire to use
narcotics, which is expected to prevent diseases such as hepatitis C and HIV until death.
Another type of drug that can be used to help rehabilitate narcotics is naltrexone. It's just that
this drug has several side effects and is only given to outpatients,
There are three stages of narcotics rehabilitation that must be undertaken. First, the stage
of medical rehabilitation (detoxification) is the process of addicts stopping narcotics abuse
under the supervision of a doctor to reduce withdrawal symptoms (sakau). The second stage,
namely the stage of non-medical rehabilitation with various programs in rehabilitation places,
such as therapeutic communities (TC), 12-step programs and others.
Then the last stage is the advanced development stage which will provide activities
according to interests and talents. In addition, addicts who have successfully passed this trap
can return to the community, whether to go to school or return to work.
The process of breaking away from narcotics for its users is not easy. Apart from
undergoing narcotics rehabilitation, they also need the support of family and community to be
able to return to a healthy and productive life.
b) Methadone Therapy
The results showed that there was an alternative to Methadone therapy performed on 16
assisted citizens. Methadone is provided in the Methadone Maintenance Therapy Program, a
program that diverts heroin users to other safer drugs. Methadone is a synthetic opiate
(narcotics) that is strong like heroin (putaw) or morphine, but does not cause a strong sedative
effect. Methadone is not a cure for opiate dependence. While using methadone, users remain
dependent on physical opiates. But methadone offers users the opportunity to change their
lives to be more stable and reduce the risks associated with injecting drug use, and also
reduce the crimes often associated with addiction. And because it is drunk, the use of
methadone reduces the use of alternate needles and syringes, a behavior that is very risky for
transmitting HIV and other viruses. PTRM has two choices. The first goal is to help users
stop using heroin, replaced with step-by-step methadone doses over a period of time. The
second objective is to reduce some of the adverse effects of using heroism. This option
provides maintenance therapy, which provides methadone to users continuously with a dose
that is adjusted so that users do not experience withdrawal symptoms (sakaw). Methadone is
given to program clients in the form of liquid (syrup solution) which is taken under the
supervision of PTRM every day. Each client needs a different dose, due to differences in
metabolism, weight and tolerance to opiates. Some time is needed to determine the right dose
of methadone for each client. At first, the client must be observed every day and the reaction
to the dose is assessed.
The client shows signs or symptoms of withdrawal, the dose must be increased. Generally
the program starts at a dose of 20 mg of methadone and then increases by 5-10 mg per day.
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Usually clients stay in therapy and are able to stop using heroin at moderate to high
methadone doses (60-100mg).
c) Reward
For officers who can disclose the circulation of narcotics at the Prison Institution, adequate
rewards in the form of money, badges, not just a charter should be given. Plans are needed
because of the pride of the officers. Apart from that, also for officers who are used as
witnesses for disclosure of drug trafficking in correctional institutions should be given
facilities to be witnesses in the court, for example, transportation to and from court, food
allowance.
4. CONCLUSION
The legal system for preventing drug trafficking in realizing justice for peace in prison
continues to be built. Circulation of narcotics in prisons is an impact of the loss of legal
system control. This was indicated by the condition of the legal system in the form of legal
structure, legal substance and legal culture which was very worrying, but there was still a
glimmer of hope in realizing justice for peace in Lapas in the form of rehabilitation,
methadone therapy, appreciation for officials and the formation of regulations. Therefore it is
recommended that the Ministry of Law and Human Rights immediately need to improve the
legal system, both legal structure, legal substance and legal culture.
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