Police Discretion Action in Investigation Based on Law Number 2 of 2002 on the Indonesian National Police (a Case Study of Police in Cibeunying Kaler)

Abstract

discretion of police is an authority to act on its own authority that is based on common interests. Police discretion under Article 18 Paragraph 1 of Law No. 8 of 2002 on the Indonesian National Police. discretion conducted by police investigators basically accomplish the goal target more priority than the legality of the law. problems will arise when law enforcement in this case the police with the authority to enforce its discretion it actually is not, but forgive, waive, or take actions outside the specified process. Issues raised by the author are: 1) How does the application discretion by the police in the jurisdiction of Cibeunying Kaler? 2) What are the factors that drive and impede the implementation of the investigator's discretion as law enforcement jurisdiction of the Police of Cibeunying Kaler? The method used in this study is juridical sociological. Sociological juridical approach is a study that focuses on the behavior of individuals or society in relation to the law. In this case done by assessing and logically examine legal aspects of the issue of enforcing the law, they are "in abstracto" as well as "In concerto", which is an actual problem that lately under the spotlight of the public (in concerto). Based on the results of research and discussion can be concluded, the patterns wisdom of discretion is applied in practice the police in the jurisdiction police of Cibeunying Kaler depending on local circumstances such as by way of peace between the offenders with the victim, then made his case, and so on. In addition, in the act of discretion by investigators are factors that influence it. Internal driving factors consist of the substance of legislation, instructions from the leadership, law enforcement investigators, the situation in the investigation, an external factor in discretion by investigators is the support of the community. Besides, there are inhibiting factors in discretion, which are still weak law enforcement in Indonesia, financial constraints, local police officers, investigators knowledge, as well as participation of the parties.