PELAKSANAAN DISKRESI OLEH POLISI DALAM PROSES PENYIDIKAN DITINJAU DARI UNDANG–UNDANG NOMOR 2 TAHUN 2002 TENTANG KEPOLISIAN REPUBLIK INDONESIA

Abstract

The application of the discretion process by the police during an investigation is useful for creating efficiency and effectiveness in decision making. Investigations are carried out if the case is included in a crime in accordance with KUHAP article 109, but sometimes the investigation is not carried out because the party concerned has decided to take the peaceful path. In this condition the investigator makes a decision or discretion. Discretion is carried out if it is considered more effective as the best way out in making a decision. Factors that encourage the implementation of discretion in investigations include, internal factors include the substance of adequate laws, investigators, infrastructure factors. Next external factors include: the influence of other people and the factors of values that exist in the community. While the factors that inhibit the process of discretion in the investigation include internal factors include: limited budget, lack of sense of responsibility and human resources, there is still discrimination treatment by law enforcement , and the individualist attitudes of legal officers, as well as external factors include: Lack of cooperation in the community because the community thinks that discretion violates the law.

Keywords: Discretion, Investigation Process, The Police.