PELAKSANAAN DISKRESI KEPOLISIAN TERHADAP TINDAK PIDANA DI KEPOLISIAN RESORT PEMALANG

Muhammad, Adli Za'im (2020) PELAKSANAAN DISKRESI KEPOLISIAN TERHADAP TINDAK PIDANA DI KEPOLISIAN RESORT PEMALANG. Skripsi thesis, Universitas Pancasakti Tegal.

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Abstract

Criminal law enforcement must be done with the knowledge that is legal science, interpretation of criminal articles, especially in the level of application of criminal articles in practice cannot be done by seeing that the criminal law problem is a black and white article issue only, but must look further and deeper than that. Law enforcement should not be done by looking at the law only with the nature of rigidity because the purpose of criminal law is the aim of obtaining material truth or the truth of a criminal event. Discretion by the police is a set of policies taken by the police as a way out based on its own assessment of problems that have not been regulated by law or that have been regulated by law, but if enforced rigidly it creates inefficiencies. Even though discretion by the police seems to be against the law, it has a legal basis that guarantees it, so discretion by the police is not an arbitrary act. The legal basis is Law Number 8 Year 1981, Law Number 2 Year 2002, Written Law, Opinions of Legal Experts and Jurisprudence. The discretion carried out by the police at Pemalang Police Station at the time of the investigation was carried out in order to improve efficiency and effectiveness in the criminal justice system. The authority was granted to the police but, still within the limits determined by law and in the interests of the wider community, and does not harm and violate human rights. In authorizing such discretion the most important element in it is the wise and responsible attitude of a police officer. In applying the discretionary authority possessed by the police, there are factors that encourage and prevent investigators from doing so. The driving factors consist of internal and external factors. Internal factors consist of adequate substance of the law, support from superiors, investigating officers and facilities. While external factors consist of society and support from community leaders and cultural factors. Besides there are supporting factors, in the exercise of discretionary authority by the police there are also inhibiting factors faced by the police in the form of internal and external constraints. Internal constraints are in the form of structural constraints, lack of optimal professionalism and expertise of the police and weak law enforcement, as well as unscrupulous officers. While external constraints in the form of a lack of public understanding of the discretion by the police. Keywords: Discretion, Police, Society, Crime.

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