Joshua Octavianus Lumban Gaol
University of HKBP Nommensen

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The Role of the Police in Addressing Narcotic Use Among Minors at the Investigation Stage: A Study of the Medan City Metropolitan Police (Polrestabes) Joshua Octavianus Lumban Gaol; Janpatar Simamora; Jusnizar Sinaga
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/5ef6w712

Abstract

This empirical legal research aims to determine and analyze the role of the Police apparatus at the investigation level at the Medan City Police (Polrestabes Medan) in overcoming the criminal act of narcotics use by minors, as well as to identify the obstacle factors encountered. The research method used is empirical legal research with a socio-legal approach and a case approach, which is analyzed qualitatively using deductive reasoning. The results indicate that police investigators face a dilemma in harmonizing the application of Law Number 35 of 2009 concerning Narcotics, which is repressive in nature, with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), which promotes restorative justice principles and diversion mechanisms. In practice, these prevention efforts are hindered by three main factors: (1) legal substance obstacles in the form of normative conflicts and investigators being constrained by weight limits based on Supreme Court Circular (SEMA) No. 4 of 2010, which complicates the implementation of diversion for children manipulated as couriers; (2) legal structure obstacles due to the lack of Special Service Rooms (RPK) and Social Welfare Institutions (LPKS) facilities in the Medan area; and (3) legal culture obstacles including the slow issuance of community research reports (Litmas) by Bapas, family fear of social stigma, and community rejection of non-judicial settlement mechanisms.