Abstract:
ABSTRACT
ANALYSIS OF POLICE DISCRETION ON TRAFFIC CRIMES BASED ON
ARTICLE 18 OF LAW NUMBER 2 OF 2002 CONCERNING POLICE IN
THE JURISDICTION OF TASIKMALAYA CITY POLICE
DENI SETYAWAN
NIM. 82338230002
The Indonesian National Police in its position as a law enforcement officer
has the function of enforcing the law in the judicial field, preventive and
repressive duties. So that by having discretionary authority in the judicial field as
stated in Article 18 of Law Number 2 of 2002. Indonesian National Police
officials in carrying out their duties and authorities and acting according to their
own judgment, it will be a problem if this discretion actually stimulates or
facilitates abuse of power by the police. Therefore, the formulation of the problem
is how is the implementation, obstacles, and efforts of police discretion against
traffic crimes based on Article 18 of Law Number 2 of 2002 concerning the
Indonesian National Police in the jurisdiction of the Tasikmalaya City Police?
The research method is normative juridical by examining laws and
regulations, legal principles, legal systematics related to police discretion and
then analyzed using various legal theories.
The results of the study indicate that the implementation of discretion in
handling traffic crime cases for the sake of legal certainty does not always have to
be based on what is explicitly stated in the Law but rather other actions based on
the law that lives in society without assessing the legal effects that are not
commensurate given to the same factual conditions, or in accordance with and
paying attention to the laws and regulations and the code of ethics of the
Indonesian National Police profession that provides a sense of justice for traffic
violators. The obstacles faced are the existence of a choice faced by members of
the Police whether their chosen action results in a law that provides an
appropriate and correct solution to a case, the legal effects that are chosen are
sometimes considered not commensurate given to the same factual conditions.
Efforts made to develop the professional abilities of Indonesian National Police
officials can be carried out through the development of professional ethics and the
development of knowledge and experience in the technical field of the Police.
