The Function of Criminal Law Enforcement in The Discretion Of Police Of Republic Of Indonesia

Indarta, Yose (2021) The Function of Criminal Law Enforcement in The Discretion Of Police Of Republic Of Indonesia. In: ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia.

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The discretion of the police in the enforcement of criminal law emphasizes on the need to treat humans as human beings, to respect their self-esteem and to conform with Pancasila as the basic law and philosophy of Indonesia. Pancasila contains the command to protect humans by preventing arbitrary actions and creating fine society. This normative legal research was done using statutory, conceptual, historical, and analytical approaches, and used primary, secondary and tertiary legal materials. The results of the research showed that the discretion of the police in enforcing criminal law must be philosophically accounted for in this constitutional state based on the objectives of law enforcement and legal responsibility as mentioned in the laws and regulations: The Police Law, the Adpem Law, and / or Perkapolri concerning Police Professional Code of Ethics, as well as external accountability: occurs from the exercise of authority. The action can be performed by separating personal matters of police members or police investigators. It is also necessary to determine whether it is the responsibility that follows police ‘s position or the responsibility that follows official / private matter, either through the general court or the State administrative court. Therefore, the law enforcement can be normatively accounted for according to the police law as its legitimacy and the Criminal Procedure Code as its operational aspect.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: discretion; law enforcement; police
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 12 Jan 2022 10:56
Last Modified: 12 Jan 2022 10:56

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