Legal Vacancy in the Application of Exclusionary Rules of Evidence in the Process of Proving Narcotics Crimes in Indonesia

Evidence in narcotics cases plays a crucial role in determining substantive justice for the accused. One issue that arises in legal practice in Indonesia is the use of illegally obtained evidence, which has the potential to violate human rights and the principle of due process of law. In the modern criminal law system, the principle of exclusionary rules of evidence is recognized, namely, rules that exclude or reject evidence obtained unlawfully from being used in court. This principle aims to prevent abuse of authority by law enforcement officers and maintain fairness in the criminal justice system. However, in Indonesia, regulations regarding exclusionary rules of evidence are not explicitly regulated in the Criminal Procedure Code (KUHAP) or other laws and regulations, resulting in a legal vacuum in their application, especially in narcotics cases that often involve wiretapping, searches, and seizures by law enforcement officers. This study aims to analyze the legal regulations related to exclusionary rules of evidence in Indonesian criminal procedure law and identify legal vacuums in their application to evidence in narcotics crimes. This research employs a normative juridical method with a statutory and conceptual approach. The data used was obtained through a literature review of relevant legal regulations, legal doctrine, and court decisions. Using this approach, this research seeks to provide recommendations for legal reform that can address the legal gap in the application of exclusionary rules of evidence in Indonesia, particularly in handling narcotics crime cases, in order to align with the principles of due process of law and human rights protection.