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All Journal International Journal of Social Service and Research Journal of Social Research Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Journal of Social Science INJURITY: Journal of Interdisciplinary Studies West Science Law and Human Rights International Journal Multidisciplinary Asian Journal of Social and Humanities Public Sphere: Jurnal Sosial Politik, Pemerintahan dan Hukum
Wiratny, Ni Ketut
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Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Physics Public Health Social Sciences

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The Application of Discretion in Criminal Offenses Related To Narcotics in The Regional Police Force (Polda) of Bali Oktaviadi, I Gusti Ngurah; Wiratny, Ni Ketut; Damanik, Siti Nurmawan
Asian Journal of Social and Humanities Vol. 3 No. 11 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i11.600

Abstract

As guardians of public order, police officers are often faced with situations that require them to take actions outside of standard procedures to ensure public safety and order, especially in drug-related cases, where police officers may disregard the necessary requirements when conducting initial actions. How the Application and Obstacles of Discretion in Drug-Related Criminal Offenses in the Bali Regional Police (Polda Bali) The theories used as analytical tools are the Rule of Law Theory, the Legal Theory, Authority Theory, and Law Enforcement Theory. The type of research is normative research using a legal approach and a conceptual approach. The legal sources used are primary, secondary, and tertiary legal materials. Legal materials were collected through inventory. The analysis of the materials was conducted using descriptive, interpretive, and argumentative techniques. The exercise of discretion in narcotics-related criminal cases by the Bali Regional Police; the police have arrested suspects in narcotics-related criminal cases without prior arrest warrants, based on reasonable belief and consideration, acting swiftly and decisively to immediately apprehend the suspects. The challenges faced by the Bali Regional Police Narcotics Investigation Unit in conducting investigations into drug abuse offenders include insufficient funding , lack of community participation, insufficient cooperation with the community, and the persistence of a culture of bribery.
Criminal Liability of Members of the Police of the Republic of Indonesia as Perpetrators of Criminal Acts in the Bali Police Sulaksana, I Gusti Bagus; Wiratny, Ni Ketut; Suandika, I Nyoman
Asian Journal of Social and Humanities Vol. 3 No. 11 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i11.601

Abstract

Police officers as law enforcers have a central role in law enforcement. Problems arise when police officers actually break the law or commit crimes. The crimes committed not only violate criminal law, but also violate the ethics and code of the police profession. Based on this description, the problem can be formulated as follows: How is the responsibility of police officers who commit crimes in the Bali Regional Police (Polda) and What are the obstacles to imposing sanctions for police officers who commit crimes in the Bali Regional Police (Polda). The responsibility of police officers who commit crimes includes accountability for the code of ethics and criminal accountability through general justice and its resolution internally within the institution, namely through a disciplinary hearing by the Indonesian National Police Code of Ethics Commission (KKEP). Obstacles to the application of sanctions for police officers who commit crimes in the Bali Regional Police are in the form of internal problems within the Polri structure, such as limited facilities and infrastructure, information networks, number of personnel, and budget support. In addition, there are also external obstacles that come from the community, such as lack of evidence and witnesses, community apathy, and lack of supporting facilities
Authority Of Special Detachment 88 Of The Indonesian National Police In The Prevention Of Terrorist Crimes In The Jurisdiction Of The Bali Provincial Police (Polda Bali) Suadnyana, Made; Wiratny, Ni Ketut; Suryana, Kadek Dedy
Asian Journal of Social and Humanities Vol. 3 No. 11 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i11.604

Abstract

In enforcing the law on terrorism crimes, Densus 88 has broad authority including , arrest, investigation, and prosecution of suspected terrorists. This authority is regulated in Article 25 of Law Number 15 of 2003, which has been amended by Law Number 5 of 2018, and Law Number 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism. Investigation, prosecution, and trial of terrorism crimes must be carried out in accordance with applicable legal procedures, unless there are other provisions in government regulations that replace this law. The problem is how is the authority of the Special Detachment 88 against perpetrators of terrorism in the Bali Regional Police, and how are the efforts to prevent terrorism crimes in the Bali Regional Police? (Polda) Special Detachment 88 has the authority to detain suspects for a maximum of months for the purposes of criminal investigation and prosecution, with the possibility of an extension of up to 7 times 24 hours in the arrest of terrorism, in accordance with Article 28. The efforts of the Special Detachment (Densus) 88 Police in Preventing Terrorism Crimes include preventive measures; in the form of socialization and education on terrorism to the community, coaching and mentoring for prisoners and former prisoners of terrorism in the social and economic fields, collaborating with various stakeholders such as universities and schools, the Social Service, and others. Repressive actions target arrests and prosecutions as well as trial trials for perpetrators of terrorism based on sufficient evidence.
Diversion and Restorative Justice for Children Facing the Law Priyana, I Wayan Awe Ditya; Wiratny, Ni Ketut; Suryana, Kadek Dedy
Asian Journal of Social and Humanities Vol. 3 No. 11 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i11.606

Abstract

This research analyzes the implementation of diversion through a restorative justice approach in the handling of children facing the law (ABH) in the jurisdiction of the Bali Police. Using normative legal research methods with a qualitative approach, this study examines the effectiveness of the diversion mechanism based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The results of the study show that the implementation of diversion in the Bali Police has succeeded in reducing the burden of cases in court while creating a more humane settlement. However, several obstacles were found such as limited understanding of the apparatus, inadequate support facilities, and public resistance to the concept of diversion. This study also identifies opportunities for the integration of Balinese local wisdom values in the mediation process. The implications of this study include three main aspects: (1) policy - the need to improve the technical guidelines of diversion, (2) practice - the importance of building the capacity of mediators, and (3) academic - contribution to the development of diversion models based on local culture. The findings of this study are expected to be a reference for the development of a more effective and fair juvenile criminal justice system.
The Role Of Animal Police In The Process Of Disclosing A Crime (Study At The K-9 Unit Of Bali Regional Police) Wiguna, I Kadek Merta Arya; Wiratny, Ni Ketut; Subawa, I Made Mulyawan
Journal Of Social Science (JoSS) Vol 3 No 8 (2024): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i8.352

Abstract

The K-9 Unit of the Bali Regional Police is an elite unit specializing in using sniffer dogs to assist in various police operations, ranging from apprehending criminals and detecting narcotics, to search and rescue (SAR) operations. The ability of sniffer dogs to detect narcotics and explosives is crucial in crime prevention and control efforts. In Bali, an international tourist destination, the threat of narcotics smuggling is very high. Specially trained sniffer dogs can quickly identify the presence of these illegal substances in various locations, such as airports, seaports, and entertainment venues. This study aims to identify and analyze the role of the K-9 Unit of the Bali Regional Police in the process of crime disclosure. Through a qualitative approach with a case study method, data were collected through interviews, observations, and literature studies. Through methods of observation, interviews, and literature study, this research is expected to provide a comprehensive and in-depth overview of the role of the K-9 Unit of the Bali Regional Police. The K-9 Unit of the Bali Regional Police has a significant contribution to disclosing crimes by providing technical assistance using sniffer dogs, which have proven effective in crime scene investigation and have a direct impact on solving criminal cases. Factors affecting the effectiveness of this unit include public demand, environmental conditions, and the availability of human and animal resources. To optimize its role, it is necessary to enhance training, facilities, coordination with related parties, and regular evaluation of the unit's performance.
Resolution Of Non-Performing Loans For Kur Guaranteed By Pt. Jamkrindo Denpasar Branch Pranoto, Dwi; Wiratny, Ni Ketut; Subawa, I Made Mulyawan
Journal Of Social Science (JoSS) Vol 4 No 9 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i9.491

Abstract

Kredit Usaha Rakyat (KUR) is one of the government’s programs aimed at empowering Micro, Small, and Medium Enterprises (MSMEs) through the provision of interest subsidies to KUR channeling institutions and guarantee fees to guarantee institutions. One of the institutions that provides guarantees for KUR is PT Jaminan Kredit Indonesia (Jamkrindo). As a guarantor, PT Jamkrindo plays a crucial role in ensuring the sustainability of the KUR program, particularly by facilitating financing for MSMEs that are feasible but not bankable—those that are commercially viable but unable to meet conventional lending requirements such as collateral. However, in practice, many KUR loans face repayment issues and fall into the category of Non-Performing Loans (NPLs). This study aims to analyze the KUR guarantee mechanism and the settlement of NPLs by PT Jamkrindo Denpasar Branch Office. The research employs a normative legal method with a statutory and legal theory approach. The findings indicate that PT Jamkrindo applies an indirect guarantee scheme based on Conditional Automatic Cover (CAC). Nevertheless, the mechanism for subrogation or transfer of claim rights after claim payment lacks strict sanctions for KUR channeling institutions that fail to transfer these rights to Jamkrindo. This regulatory gap may result in financial losses for PT Jamkrindo and create an additional fiscal burden for the state.
Effectiveness Of Civil Judgment Execution In The Semarapura District Court Wulantrisna, A.A. Sagung Yuni; Wiratny, Ni Ketut; Sihotang, Erikson
Journal Of Social Science (JoSS) Vol 4 No 9 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i9.492

Abstract

The execution of civil court decisions is a decisive stage in the enforcement of justice and serves as a test of the effectiveness of the judicial system. This study aims to analyze the effectiveness of the execution of civil judgments at the Semarapura District Court using an empirical juridical approach. The results show that although the legal basis and execution procedures are clearly regulated, their implementation in practice still faces various obstacles. Data from 2022–2024 indicate that only a portion of execution requests are successfully implemented, while the rest fail or are withdrawn due to structural, substantial, and cultural barriers. Key challenges include the limited number of bailiffs, insufficient supporting facilities, unclear court orders, changes in the status of disputed objects, and strong community resistance rooted in local customs and kinship values. The Semarapura District Court has made several efforts, such as increasing coordination with security forces, involving community leaders, providing bailiff training, and digitizing administration. Ultimately, the effectiveness of execution depends on the synergy between legal substance, institutional structure, legal culture, supporting facilities, and the level of legal awareness in society. Multi-stakeholder collaboration is needed to ensure that law enforcement through civil execution is effective, fair, and socially harmonious.
Legal Protection Of The Beautycian Doctor Profession In Legal Dispute Resolution Gunawan, Nancy; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

Legislation in Indonesia has provided a lot of legal protection for aesthetic doctors in the form of legal protection for the rights of aesthetic doctors starting from the 1945 Constitution of the Republic of Indonesia, the Civil Code, the Criminal Code, the -Consumer Protection Law, Medical Practice Law, Health Law, Hospital Law, Health Personnel Law, and supported in Minister of Health Regulation Number 269/Menkes/Per/III/2008 concerning Medical Records, Regulations Minister of Health Number 290/Menkes/Per/III/2008 concerning Approval of Medical Actions, Minister of Health Regulation No. 36 of 2012 concerning Medical Secrets, Supreme Court Regulation no. 1 of 2016 concerning Mediation Procedures in Court. The role of the Indonesian Doctors Association in supporting the aesthetic doctor profession in resolving legal disputes is as a mediator in selecting expert witnesses. The Indonesian Doctors Association will help its members who are deemed guilty if according to the Indonesian Doctors Association the doctor has carried out procedures in accordance with their professional duties.
Review Of The Implementation Of The Electronic Medical Record System In Health Facility Services Based On The Regulation Of The Minister Of Health Number 24 Of 2022 Concerning Medical Records Asrofi, Ayus Fajar; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

The implementation of electronic medical records in health facility services based on the Regulation of the Minister of Health of the Republic of Indonesia Number 24 of 2022 imposes an obligation on all health service facilities to maintain electronic medical records, including independent practice places run by health workers and medical personnel. The Ministry of Health can impose administrative sanctions or written warnings as well as recommendations for revoking or revoking accreditation status on health service facilities that commit violations. According to Article 32 of Minister of Health Regulation Number 24 of 2022, the contents of medical records are kept confidential by all parties involved in health services. These parties are health workers who provide health services, leaders of Health Service facilities, personnel related to the financing of Health services (insurance parties), pupils or students who are in charge of treatment and/or information management in Health Service facilities and other parties who have access to patient health data and information in Health Service facilities.
Legal Protection For The Medical Profession In Treating Unconscious Emergency Patients Without Informed Consent Wijaya, Indah Mira Tiaraputri; Sihotang, Erikson; Wiratny, Ni Ketut
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

The legal relationship between doctors and patients is a relationship based on trust. Legal protection for the medical profession in treating emergency patients without medical approval (informed consent) is regulated in Article 1338 of the Civil Code. The agreement remains binding on both parties, even though the conditions in Article 1320 of the Civil Code are not fulfilled, there are laws that specifically regulate informed consent and Article 1354 of the Civil Code, so that the therapeutic agreement or therapeutic transaction still exists and occurs. As a result, doctors are obliged to provide an achievement to the patient, namely making an effort by providing health services as an effort to cure the patient. In carrying out this effort, doctors must do it with all seriousness by using all the abilities and skills they have while being guided by standards.
Co-Authors Adiputra, Rudy Ardana, Made Arjawa, A. A. Gde Putra Asrofi, Ayus Fajar Damanik, Siti Nurmawan Darmayanti, Ni Putu Eka Dewi, Ni Kadek Fany Puspita Dewi, Ni Made Cista Dewi, Ni Putu Ayu Kusuma Dwi Pranoto Gunawan, Nancy Julita, Olivia Oktaviadi, I Gusti Ngurah Prihanta, Kadek Hendhy Priyana, I Wayan Awe Ditya Pusparini, Olivia Putri, Ni Putu Krismonika Septianjani Saputra, Komang Edy Dharma Sihotang , Erikson Sihotang, Erikson Suadnyana, Made Suandika, I Nyoman Suarsika, I Komang Subawa, I Made Mulyawan Sulaksana, I Gusti Bagus Suryana, Kadek Dedy Suryaprawira, Ronald Tjua, Juliyanti Widyatmika , Ida Bagus Ary Wiguna, I Kadek Merta Arya Wijaya, Indah Mira Tiaraputri Wulantrisna, A.A. Sagung Yuni