POLICE DISCRETION FROM A LAW ENFORCEMENT PERSPECTIVE

Rokhmad, Rokhmad (2025) POLICE DISCRETION FROM A LAW ENFORCEMENT PERSPECTIVE. Other thesis, Universitas Darul 'Ulum.

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Abstract

POLICE DISCRETION FROM A LAW ENFORCEMENT PERSPECTIVE

R o k h m a d
Student ID: 212374201082

The main duties of the Indonesian National Police (POLRI) according to Law Number 2 of 2002 concerning the Indonesian National Police include: (a) maintaining public security and order; (b) enforcing the law; and (c) providing protection, guidance, and service to the public. In carrying out its duties, the Police Law grants discretionary authority, allowing the Polri to act according to its own judgment in carrying out its duties and authorities in the public interest. Many people still do not understand this and consider it a violation of the law. Therefore, the researcher proposed the title "Police Discretion from a Law Enforcement Perspective."
This research uses a normative juridical approach with interpretive analysis methods, using deductive and inductive reasoning. The data used is secondary data, including primary, secondary, and tertiary legal materials. The concept of police discretion is contained in Article 18 paragraph (1) of Law Number 2 of 2002 concerning the Indonesian National Police, which states that in the public interest, officers of the Indonesian National Police in carrying out their duties and authorities may act according to their own judgment. This may only be done in circumstances of extreme necessity, taking into account statutory regulations and the Indonesian National Police's Code of Professional Ethics. Therefore, in acting, they must consider the benefits and risks of their actions and be truly in the public interest. Discretionary actions must still adhere to applicable regulatory guidelines and be morally accountable (noodzakelijk), not be imbued with personal interests (zakelijk), and must be measured or balanced between the police action and the severity of the error (evenredig) and appropriate to the situation (doelmatig). In law enforcement duties, Article 5 of the Criminal Procedure Code falls under discretion on the grounds that other actions are more emphasized on law enforcement, there are clear limitations, the actions taken are within the scope of their position, and the actions are not planned and pay attention to human rights. The implementation of the National Police's duties based on the Criminal Procedure Code (KUHAP) still overlaps with the duties of several other agencies, such as the prosecutor's office, customs, and the Indonesian Navy. Discretion is sometimes exercised when police officers, acting as investigators, carry out investigative duties. Based on certain legal reasons and considerations, the National Police can waive cases, detain or not detain suspects or perpetrators of legal violations, or terminate investigations.

Keywords: Police Discretion; Law Enforcement

Item Type: Thesis (Other)
Uncontrolled Keywords: Police Discretion; Law Enforcement
Subjects: Universitas Darul Ulum > Fakultas Hukum > Ilmu Hukum
Universitas Darul Ulum > Fakultas Hukum > Ilmu Hukum
K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: Rokhmad Rokhmad 1
Date Deposited: 24 Sep 2025 04:58
Last Modified: 24 Sep 2025 04:58
URI: http://repository.undar.ac.id/id/eprint/1595

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