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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-09 | 551-556
Original Research Article
Legal Reconstruction of Police Discretion in Handling Minor Crimes Based on the Value of Justice
Joko Prasetyo, Eko Soponyono, Sri Endah Wahyuningsih
Published : Sept. 18, 2021
DOI : 10.36348/sijlcj.2021.v04i09.004
Abstract
The purpose of this study is to analyze and find The Weaknesses of the Police's Discretion in Handling Minor Crimes in Indonesia Currently and How Is the legal Reconstruction Of Police Discretion In Handling Minor Crimes Based On The Values Of Justice. The method used in this study is a normative-juridical approach that uses a constructivist paradigm. The results of the study shows that the Weaknesses in Implementing the synergist Regulations of police discretion in handling minor crimes in terms of legal substance is that the discretion can be used as an engineering tool of the police apparatus to obtain personal benefits from the cases it handles. Weaknesses from the aspect of the legal structure can lead to the practice of abuse of authority. The weakness of the legal culture aspect is that the creation of formal justice creates public distrust of law enforcement officers so that in this case the police must be careful in applying discretion. Based on this, it is necessary to reconstruct the law on the value of police discretion in handling minor crimes based on justice in Article 18 paragraphs 1 and 2 of Law Number 2 of 2002 so that in resolving conflicts that occur between perpetrators and victims can achieve justice.
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