The Application of Discretion in Criminal Offenses Related To Narcotics in The Regional Police Force (Polda) of Bali

Authors

  • I Gusti Ngurah Oktaviadi Mahendradatta University
  • Ni Ketut Wiratny Mahendradatta University
  • Siti Nurmawan Damanik Mahendradatta University

DOI:

https://doi.org/10.59888/ajosh.v3i11.600

Keywords:

Discretion, Police, Drug Crimes

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.

References

Faa1, M., 2001, Criminal Case Screening by the Police (Police Discretion). Jakarta: Pradnya Paramita,

Guntur Priyantoko, The Application of Police Discretion in Handling Demonstrations, De Lega Lata, Vol. I, No. 1, January-June 2016,

Gusti Ayu Novira Santi, Ni Putu Rai Yuliartini, and Dewa Gede Sudika Mangku, Legal Protection for Victims of Narcotics Abuse Crimes in Buleleng Regency, E-Journal Komunitas Yustisia, Vol. 2, No. 3, Universitas Pendidikan Ganesha, 2019,

Johnny Ibrahim, 2007, Theory and Methodology of Normative Legal Research, Citra Aditya Bakti, Bandung.

Law No. 2 of 2002 on the Indonesian National Police, State Gazette of the Republic of Indonesia No. 202 of 2002

Law No. 35 of 2009 on Narcotics, State Gazette of the Republic of Indonesia Year 2009, No. 143, Additional State Gazette 562 of 2009

Law of the Republic of Indonesia Number 8 of 1981 on Criminal Procedure Law (KUHAP)

Putu Yudha Prawira, Prija Djatmika, and Bambang Sugiri, Police Discretion in the Investigation of Drug Abuse Crimes at the Central Kalimantan Regional Police Headquarters, Collection of Student Journals, Faculty of Law, Brawijaya University,

Satjipto Raharjo, 2001, Police as Actors and Thinkers, Jakarta: Gramedia Pustaka Utama,

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Published

2025-08-16