Rizayusmanda
Faculty of Law, Universitas Kader Bangsa Palembang, Indonesia

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Legal Standing of the Written Undertaking in Adolescent Street Racing: A Competence Distribution Analysis Ferroka Putra Wathan; Putri Serli Pratami; Rizayusmanda; Rafsandi Dimbara
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12726

Abstract

Despite comprehensive prohibitions, adolescent street racing remains prevalent in Indonesia. While existing legal scholarship largely attributes this persistence to weak enforcement capacity and low legal awareness, this study shifts the analytical focus to the distribution of administrative competence. This article aims to identify the procedural stopping point in street-racing enforcement, the legal instrument used at that juncture, and its standing in Indonesian administrative law. Using an empirical-juridical approach through a single case study in Tanjung Raja, Ogan Ilir, the study gathered data through in-depth interviews with seven key stakeholders, including sector police officers, civil service police, a transport official, and racing participants. The findings reveal that the enforcement process halts at a fourth stage, culminating in a unilateral written undertaking (surat pernyataan) aimed primarily at deterrence rather than rooted in explicit competence. This instrument constitutes a factual governmental action (tindakan faktual pemerintahan) exercised through police discretion rather than a formal policy rule. Consequently, while theoretically reviewable, the absence of a formal written determination and recorded reasoning effectively precludes judicial scrutiny. The study concludes that the procedural stopping point is driven by fragmented competence over enabling conditions rather than criminal procedural limits. To ensure legal certainty and reviewability, this article recommends establishing a joint decision framework utilizing existing regional coordination provisions to mandate formal written determinations.