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

Research Article

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

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312422,
        author={Yose  Indarta},
        title={The Function of Criminal Law Enforcement in The Discretion Of Police Of Republic Of Indonesia},
        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={discretion; law enforcement; police},
        doi={10.4108/eai.14-4-2021.2312422}
    }
    
  • Yose Indarta
    Year: 2021
    The Function of Criminal Law Enforcement in The Discretion Of Police Of Republic Of Indonesia
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312422
Yose Indarta1,*
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: yoseindarta.s2stin@gmail.com

Abstract

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.