PENGAWASAN TERHADAP PENYALAHGUNAAN WEWENANG POLRI MENGADAKAN TINDAKAN LAIN MENURUT HUKUM YANG BERTANGGUNG JAWAB (DISKRESI)

Abstract

ABSTRACT
Function of control and authority of the Police of the Republic of
Indonesia related to the aspects of preemptive, preventive, and repressive. One of
duties of the Police of the Republic of Indonesia as the state's instrument and law
enforcer in maintain the law repressively to help the Department of Justice
especially in the field of criminal law the Police as the investigator and
investigating offrcer can carry out other action according to law which is
responsible or discretion.
The formal legalistically arrangement about the police discretion in
KUHAP (Article 5 subsection (1) letter a number 4 and Article 7 subsection (1)
letter j) and the Law No.2 1n2002 about the Police of the Republic of Indonesia in
Article 16 subsection (1) letter I and subsection (2) and Article 18 subsection (1)
and subsection (2) which is written and implicated widely so it makes this become
a blur norm of law, and it needs an interpretation in the application. The discretion
arrangement seems to emerge the disharmonious of law norm. To avoid the
deviation of the discretion implementation in the future the norm arrangement has
to be harmonized through the law construction to the articles of the arrangement
by reevaluating and reformulating them by the legislative institution.
The type ofresearch to be used to research the substance of discretion by
the police in this scientific work is the normative law research or doctrinal law
research. Police discretion needs an internal and extemal monitoring from the
related institution including monitoring ftom the society especially the victim.
Deviation of discretion will emerge a risk due to law and law
responsibility by the person who does the discretion. The law responsible can be a
responsibility of criminal, civil Iaw and administration law. Deviation of
discretion action as the result of the wide range of discretion scope and there is no
measurement or criterion of discretion forms that can be done by the Police as a
reference in action which is arranged in legislation.
The study and analysis of police discretion upon the problems presented is
reviewed by the law principles, expertise doctrine, formal basic and law theories
such as law system theory, law harmonious theory, progressive law theory,
authority theory and monitoring theory. The theoretical perspective study is
supported by empirical law materials and descriptive description of the writer.