Trigger Factors of Nonlegitimized Discression Practices in the Criminal Law Enforcement by Police Department in Indonesia

Abstract

The principle of Equality Before the Law has not been properly implemented in governance, especially law enforcement in Indonesia. There is still much discretionary practice of nonlegitimacy (violations and irregularities) by the police in performing their duties. Such practices further lower public confidence in the law. Therefore, the discretion of non-legitimization by police officers is a very important and urgent thing to be studied scientifically in order to be properly handled, or at least, the amount can be minimized. The problem that became the focus of this research is why the practice of discretion of non-legitimization by the police? The findings of this study show: (1) social stratification, (2) social morphology, (3) culture or culture, (4) social organization, and (5) social control. These independent variables encourage the emergence or occurrence of the second variable group, the first mediation variable. Next, the first mediation variable encourages the emergence or is manifested through the second mediation variable. The intervening variable encourages the emergence or is manifested through the third variable, namely the dependent variable is the discretionary practice of non-legitimization by the police. Frequency of discretionary practice consists of: (1) often, and (2) sometimes, and (3) rarely.

Keywords: Equality before the law, nonlegitimized discretion, public trust, ideal policy model, discretionary practice.