DENPASAR, BALINEWS – Denpasar Police Chief Commissioner I Wayan Winaya has stressed that criminal cases must be handled in accordance with applicable legal principles, including the requirement to apply provisions that are more favorable to the parties involved when legislation changes.
Winaya made the statement during a discussion with journalists at #NgopiSantuy, a monthly program organized by the Bali chapter of the Indonesian Online Journalists Association (IWO), in Denpasar on Saturday (October 31, 2026).
He explained that cases involving alleged criminal offenses committed before the new Criminal Code (KUHP) came into force, but which are still being processed after its implementation, must be assessed in accordance with the principle of applying the more favorable legal provisions.
"When there is a transitional legal provision, the principle of criminal law is to apply the one that is more favorable. That is what must be implemented," Winaya said.
He also emphasized that investigators cannot determine the legal provisions applied to a case unilaterally. Before reaching a decision, the police conduct case reviews or special case reviews involving several internal units.
These include the Head of the Criminal Investigation Unit, the Head of the Professional and Security Division (Propam), the Head of the Internal Supervisory Section, and the investigators handling the case.
According to Winaya, the involvement of these units is intended to ensure that cases are handled carefully and in accordance with applicable legal provisions.
Beyond the implementation of the new Criminal Code, the fight against drug trafficking was also a key topic during the discussion.
Winaya said drug trafficking remains one of the factors threatening public safety and security, commonly referred to by Indonesian police as Harkamtibmas.
"One of our responsibilities is to help maintain public safety and security. Drug trafficking is one of the factors that disrupts public order, so we must also focus on addressing it," he said.
Winaya revealed that Denpasar Police had uncovered more than six drug-related cases. However, he asked the public and media outlets to wait for an official announcement, which will be held simultaneously with other police precincts in accordance with instructions from the Bali Regional Police.
He clarified that the coordinated release schedule did not mean the police were withholding information about the cases, but rather reflected established coordination and publication procedures.
During the same discussion, Winaya also addressed the implementation of restorative justice in criminal case resolution.
He stressed that not every criminal case can be settled through restorative justice, as each type of offense is subject to its own procedures and standard operating procedures (SOPs).
"Restorative justice, which essentially means restoring conditions to their original state, has specific SOPs for each type of case," he explained.
He cited drug-related offenses, physical altercations, and assault as examples of cases that are governed by different legal provisions and procedures. Consequently, resolving disputes through an amicable or family-based approach must still comply with applicable legal restrictions.
Winaya also referred to the concept of living law, or laws recognized within a community, as stipulated in Law No. 1 of 2023 on the Criminal Code.
In Bali, he identified awig-awig, the customary regulations governing traditional village communities, as one example of living law.
He said customary laws could be taken into consideration in addressing social issues and maintaining public order, provided they remain consistent with applicable legal provisions.
"There are limitations. Each has its own SOPs," he emphasized, reiterating that restorative justice cannot be applied freely to every criminal case.
Meanwhile, regarding internal police oversight, Winaya highlighted the role of the Professional and Security Division (Propam) in monitoring officers' conduct and performance, including cases involving alleged abuse of authority.
"When an officer commits misconduct or abuses their authority, the Propam chief is responsible for handling it," he said.
The discussion was part of #NgopiSantuy, a monthly initiative organized by the Bali chapter of IWO under the leadership of its chairwoman, Tri Widiyanti.
The event was attended by representatives of IWO's Denpasar City and Badung Regency branches, along with members and executives of the Bali provincial organization.
Through the program, IWO Bali provides journalists with an opportunity to engage directly with policymakers, raise questions, and obtain information on issues of public concern.
The organization hopes the forum will strengthen communication between the media and public officials, while providing a platform for open discussions on strategic issues affecting Bali.
