The Authority of Police Discretion in Actualizing the Repressively Fair Law Enforcement in Indonesia

Abstract

The aim of this study is to investigate and analyze the base and the regulation of the authority of the police discretion in doing repressive legal duties that are fair in the police legislation in Indonesia. The problem that exists is the current police discretion, which has the potential to be extremely close to the abuse of authority by the police members in doing their duties. Therefore, this study focuses on the relationship between the regulation of police discretion and Police Professional Ethics Code, which is a moral base for the implementation of police duties. In addition to the professional ethics code that is used as the base for the implementation of police duties, the police members’ action must not differ from those specified in law. In this case, Law Number of 2002 concerns the National Police of Indonesia Republic, in which it is determined that the police action must also take into account the Human Rights. This is an interesting phenomenon to study by using normative legal research methods, namely tracking legal materials related to the problem. The results of this study shows that the base and the regulation of Indonesia police discretion have been based on laws, regulations, and the police professional ethics code. However, there are no clear and explicit limits to actions that must be taken and this concerns how these actions are responsible for fair law enforcement.

Keywords: Authority, Discretion, Police, Repressive, Fair

DOI: 10.7176/JLPG/82-16