Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Authority Management of Indonesian National Police Regarding Individual Criminal Responsibility Through Discretion

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312301,
        author={Viktor Theodorus Sihombing},
        title={Authority Management of Indonesian National Police Regarding Individual Criminal Responsibility Through Discretion },
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={authority; criminal responsibility; discretion; police},
        doi={10.4108/eai.14-4-2021.2312301}
    }
    
  • Viktor Theodorus Sihombing
    Year: 2021
    Authority Management of Indonesian National Police Regarding Individual Criminal Responsibility Through Discretion
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312301
Viktor Theodorus Sihombing1,*
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: viktortshb2501@gmail.com

Abstract

There have been increases in the types of minor individual criminal cases during the Covid-19 Pandemic, requiring the police to develop law enforcement strategy that has legal certainty. Meanwhile, it is essential to apply adequate supervision and control over police actions to avoid misuse of discretion. Supervision and control are needed to prevent the occurrence of negative impacts in the forms of injustice in the implementation of discretion while police authority remains well-managed. This normative legal research was administered using empirical juridical approach, historical juridical, and comparative methods in analyzing and finding answers to research problems. In this research, descriptive analysis was performed to analyze primary and secondary data in the forms of primary, secondary, and tertiary legal materials. The data analysis was conducted using qualitative juridical analysis. Whereas, legal certainty for the settlement of individual crime through discretion during the investigations by the Indonesian National Police relates to the elements of legal certainty, legal benefits and legal justice which can be regulated in Indonesian National Police Regulations on the Handling and Settlement of Crime Cases through Discretion. The law contains and describes other actions as referred to in article 16 paragraph (1) of Law Number 2 of 2002 concerning the Indonesian National Police.