TINJAUAN YURIDIS KEWENANGAN PENANGKAPAN OLEH PENYIDIK KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA
The existence of Article 81 in Law on Narcotics has raised an important question, whether or not all authorities belonging to BNN investigators be performed by the Indonesian Police investigators and how long the arrest period is given to the Indonesian Police investigators for narcotics cases according to the related law. This research was classified into a normative study on legal rules related to the research variables. This research used a statute approach with the data consisting of primary and secondary data. The primary data were obtained from the provisions of laws and regulations on Narcotics, while the secondary data were obtained from books, journals, articles, internet data, encyclopedias, and dictionaries. Based on the research result, the researcher concluded that: first, the phrase saying “based on this law” in the provisions of Article 81 can be interpreted that in the event that the arrest are made, Indonesian Police investigators must refer to the provisions of Article 75 letter g of Narcotics Law as the basis of Indonesian Police investigators’ authorities to arrest; second, the arrest period disparity between the national narcotics body investigators and Indonesian Police investigators based on Article 76 of Narcotics Law was stipulated within 3 x 24 hours and can be extended up to 3 x 24 hours, while based on Article 19 of the Criminal Procedure Code was only 1 x 24 hours, thus, resulting in legal uncertainty and potential overlapping arrest periods. From the research result, the researcher has provided 2 (two) suggestions; first, the provisions regulating the investigators’ authorities based on the Narcotics Law, especially in Article 75, had to be evaluated and refined; and second, it was necessary to stipulate a legal provision regulating the coordination relationship between the Indonesian Police investigators and National Narcotics Body investigators to arrest related to the narcotics cases, considering that in the provisions of Article 76 of Narcotics Law, the arrest period was 3 x 24 hours and could be extended up to 3 x 24 hours, while in the Article 19 of the Crimanal Procedure Code, the arrest period was only 1 x 24 hours. Keywords: Authority, investigator, arrest, narcotics.