ANALISIS HUKUM TERHADAP PRAKTIK CALO SIM DI KOTA MALANG (STUDI DI POLRESTA MALANG KOTA)

This study analyzes the practice of brokering in obtaining driver's licenses
(SIM) at the Malang City Police Department from criminal law, administrative law,
and ethical perspectives, and assesses the effectiveness of the National Police's
preventive policies. The practice of brokering not only violates criminal law with
alleged criminal acts and illegal intermediaries, but also reflects the failure of the
public service system in terms of transparency, efficiency, and accountability.
Using a juridical-sociological approach, data was obtained through interviews,
field observations, and documentation studies. The results show that before service
reform, the public preferred to use brokers because they were considered faster,
easier, and "safer," reflecting a weak legal culture and distrust of the formal system.
From the perspective of classical bureaucratic theory and modern governance, the
existence of brokers represents a distortion of state function and a failure of service
ethics. Although the practice of brokering has declined significantly thanks to
digitalization and increased internal oversight, challenges have not completely
disappeared. Key obstacles include low legal literacy among the public, gaps in
access to and understanding of digital technology, and the need for ongoing
education regarding the importance of procedural compliance. From a legal
perspective, the practice of brokers can be categorized as a criminal offense and a
form of failure in public service, reflecting weaknesses in the bureaucratic system
and service ethics. Research results indicate that the effectiveness of the National
Police's preventive policies is relatively high, but sustainable broker-free services
still require a holistic approach involving public service reform, strengthening the
legal culture of the community, and increasing bureaucratic capacity.