ANALISIS DISKRESI KEPOLISIAN TERHADAP TINDAK PIDANA LALU LINTAS BERDASARKAN PASAL 18 UNDANG-UNDANG NOMOR 2 TAHUN 2002 TENTANG KEPOLISIAN DI WILAYAH HUKUM POLRES TASIKMALAYA KOTA

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.