IMPLIKASI HUKUM PELAKSANAAN TEKNIK PEMBELIAN TERSELUBUNG (UNDERCOVER BUY) TERHADAP NILAI PEMBUKTIAN

Abstract

Undercover buy is a special investigative technique that has proven effective in uncovering organized and covert crimes, particularly narcotics offenses. However, its implementation raises legal issues concerning the legality of obtaining evidence and its evidentiary value in criminal proceedings. This study aims to analyze the legal implications of implementing undercover buy operations on the evidentiary value within the Indonesian criminal justice system following the enactment of Law Number 20 of 2025 on the Indonesian Code of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana). This research employs a normative juridical method using statutory, conceptual, and analytical approaches through library research based on primary, secondary, and tertiary legal materials. The findings reveal that the new Code of Criminal Procedure establishes the legality of the acquisition of evidence as a constitutive requirement for the admissibility of evidence in criminal proceedings. Consequently, evidence obtained through undercover buy operations must be acquired lawfully and without violating the law. Where an undercover buy operation involves unlawful conduct or constitutes entrapment, the resulting evidence lacks evidentiary value and is therefore inadmissible before the court.