IMPLEMENTATION OF POLICE DISCRETION IN CRIMINAL LAW ENFORCEMENT IN ANARCHIC DEMONSTRATIONS
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Abstract
Police discretion is the authority of members of the police to take a policy in certain situations that require their own judgment as long as it does not violate statutory provisions. It aims to guard, maintain order and ensure public security. However, policies issued often raise pros and cons, especially when enforcing criminal law in securing demonstrations. The community considers that the actions taken are a form of hindering the achievement of their aspirations. This condition eventually led to riots during demonstrations which could threaten the safety of the demonstrators, police officers, as well as those at the location of the action. So that in this situation police discretion can be issued to prevent and deal with various threats that occur. This study uses an empirical juridical method, namely direct research conducted by studying the applicable legal rules with real events that occur in society. The results of this study explain related considerations, procedures, to obstacles and efforts made in the application of discretion by members of the police in overcoming anarchic demonstrations
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References
Undang-Undang Nomor 2 Tahun 2002 Tentang Kepolisian Negara Republik Indonesia.
Peraturan Kapolri Nomor 1 Tahun 2009 tentang Penggunaan Kekuatan dalam Tindakan Kepolisian.
Peraturan Tetap Kapolri Nomor 1 Tahun 2010 tentang Penganggulangan Anarki.
Idil Akbar, Demokrasi Dan Gerakan Sosial (Bagaimana Gerakan Mahasiswa Terhadap Dinamika Perubahan Sosial, Jurnal Wacana Politik, Vol.1 No.2, 2016, hlm. 109.
Abdulkadir Muhammad, 2004, Hukum dan Penelitian Hukum, Bandung, Citra Aditya Bakti.
Bambang Waluyo, 2002, Penelitian Hukum Dalam Praktek, Jakarta, Sinar Grafika.
Peter Mahmud Marzuki, 2017, Penelitian Hukum Edisi ke-13, Jakarta, Kencana.
Reza Fahlevi Kasbi, (et.al), Upaya Kepolisian Dalam Mencegah dan Menganggulangi Aksi Demonstrasi Anarkis (Studi di Kepolisian Daerah Sumatera Utara), Jurnal Retentum, Vol.2 No.1, 2021, hlm.27
Asmak ul Hosnah, Diskresi dalam Perspektif Hukum Pidana, Jurnal Ilmu Hukum, Vol.4(2), 2019, hlm.144.
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