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Police Discretion In Narcotics Cases Committed By Minors In The Jurisdiction Of Bali Regional Police Moch Arie Surahman; Nurianto RS; I Nyoman Suandika
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 4 No. 8 (2025): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v4i8.418

Abstract

The application of police discretion in the process of diversion of narcotics cases carried out by minors in the jurisdiction of the Bali Police. Using empirical juridical methodology, this study analyzes the regulation and implementation of police discretion in the context of positive law in Indonesia, especially related to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 35 of 2009 concerning Narcotics. The results of the study show that police discretion plays an important role in handling narcotics cases involving children, with the aim of avoiding children from the formal judicial process which can negatively impact their mental and social development. Diversion is expected to be a better alternative solution, which takes into account not only the interests of the law but also the welfare of the child. However, this study also identifies various obstacles in the application of discretion, including lack of understanding among law enforcement, challenges in implementing diversion procedures, and social stigma against children of criminal offenders. This study recommends the need to increase the capacity of law enforcement and socialize the importance of the restorative justice approach in handling narcotics cases involving children. Thus, this study emphasizes the importance of law enforcement oriented towards child protection and rehabilitation, as an effort to prevent children from falling further into criminal behavior.
Implementation of the Submission of Summons Reports through the Village Head in the Verstek Decision I Gusti Agung Wisnu Murti; Ni Ketut Wiratny; I Nyoman Suandika
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 4 No. 8 (2025): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v4i8.424

Abstract

The objectives of this thesis are to analyze the implementation of the submission of summons reports through the village head in the verstek decision and to analyze the obstacles to the implementation of the submission of summons reports through the village head in the verstek decision. The type of research used in this study is empirical juridical legal research. In empirical juridical research, law, as law in action, is described as an empirical social phenomenon. Empirical legal research, also known as sociological legal research, is legal research that examines law by conceptualizing it as actual behavior, an unwritten social phenomenon experienced by everyone in social relationships. The results of this study found that the implementation of the submission of summons reports through the village head in the verstek decision is related to the implementation of summons in civil cases at the Bangli District Court. Since the issuance of PERMA Number 7 of 2022, there has been a change in the implementation of the submission of summons reports, from the conventional summons issued through a bailiff to now using registered mail. There are no sanctions or penalties for the sub-district or village if they do not directly convey the summons given, and the requirement for postal officers to convey the village head also faces time constraints and the busyness of the postal officers themselves, who must adjust the workload of postal delivery, which of course has a postal delivery target aligned with the opening or service hours of the post office or sub-district office.