The Problem of Classification of Perpetrators in Narcotics Crimes During the Investigation Stage at the North Sumatra Regional Police

Abstract

This study aims to analyze the problematic classification of perpetrators in narcotics crimes during the investigation stage, particularly in distinguishing between users and dealers at the North Sumatra Regional Police. This issue is important because errors in perpetrator classification have direct implications for the form of criminal responsibility imposed, whether through a rehabilitative or repressive approach. The research method used is a normative juridical supported by an empirical juridical approach. Data were obtained through a library study of laws and legal literature, as well as field data sourced from case handling practices at the North Sumatra Regional Police. The results of the study indicate that normatively, Law Number 35 of 2009 concerning Narcotics has regulated the distinction between users and dealers. However, in investigative practice, various problems are still found, such as limited evidence, differences in interpretation by law enforcement officers, and non-juridical factors that influence the determination of perpetrator status. This condition causes inconsistencies in the application of the law. This study concludes that clearer guidelines are needed for perpetrator classification, improved evidence quality, and strengthened coordination between law enforcement agencies to ensure legal certainty and justice in handling drug crimes.