ANALISIS YURIDIS PENEGAKAN HUKUM ATAS PEREDARAN NARKOTIKA JENIS SABU MELALUI UPAYA DISKRESI (STUDI PENELITIAN DI POLRESTA BARELANG)

Abstrak

In the current case of drug abuse circulation is increasingly widespread and the mode of operation is increasingly diverse, the police are required to develop their own law enforcement strategies. However, behind that there is also a need for some form of supervision and control of actions policing is to reduce the possibility of abuse discretion, so that the negative impact of the implementation of the discretion does not result injustice. The law only contains the basic rules that are in practice enforcement always depends on the context of the community. Therefore The police are given the authority to exercise police discretion, a concept giving authority to take actions based on careful consideration the conscience of the police on duty or the consideration of police institutions. This study aims to find out how law enforcement is above Circulation of methamphetamine type narcotics through discretionary efforts factors which become obstacles / obstacles to Law Enforcement on Circulation Narcotic Type of Methamphetamine Through Discretionary Efforts. This research uses empirical normative legal research is legal research that uses Secondary data sources are combined with legal research that uses primary data source The results of the study show that the factors that influence implementation of police discretion in solving criminal cases narcotics namely legal substance factors, namely the existence of a legal basis give authority to members of the police to take action discretion so that the implementation of the task does not harm the context of law enforcement and must be done professionally and in accordance with the police code of ethics as must for police officers, given the power of discretion without being accompanied restrictions can potentially abuse authority. For this reason the discretion taken by the investigator must be aimed at get a sense of fairness even though it is not contained in the Criminal Code will but in essence to maintain legal certainty and internal order Public