PENYELESAIAN PERKARA PIDANA MELALUI DISKRESI KEPOLISIAN (Studi di Polsek Kembaran)

MAYASARI, DEVI (2017) PENYELESAIAN PERKARA PIDANA MELALUI DISKRESI KEPOLISIAN (Studi di Polsek Kembaran). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

The granting of police discretion at he of investigation is a policy of actin conducted by the investigator according to his own judgment as a way out of a case which is considered light and ineffective if the case is further processed to the Court. Police discretion conducted by investigators is primarily concerned with providing justice and benefit to both parties in litigation. The legal basis for conducting police discretion is regulated in Article 16 and Article 18 pf Act No. 2 2002 about Police Department of the Republic of Indonesia. The purpose of this thesis was to discover and analyze the settlement of criminal case through police discretion in the Sectoral Police of Kembaran and to find out analyze what obstacles encountered by investigators in the settlement of criminal case through discretion. The method of data presentation was presented in form of a description systematically and logically arranged and by using the method of juridical normative approach. The settlement of criminal cases through police discretion in the Police Sektor of Kembaran was initialized with a case process to comprehend wether the case included as criminal acts. Then the police will call both of the litigants police discretion, mediation of both parties litigation was conducted. The mediation aimed to achieve a peace agreement between two parties in order not to proceed further lawsuit to the Court. There are several things that had to be considered in granting police discretion, among others; misdemeanor or fenoly case, the age of the offender, recidivist, and social reactions from the community. Once these considerations had been made and both parties had reached a peace agreement, the police would provide police discretion in the form of suspension of investigation and non-legal process. The obstructions faces by investigators in the settlement of criminal cases through police discretion in the Police Sector of Kembaran were financial constraints, investigators’ knowledge and partisipation og the titigants. It is recommended fot the settlement of criminal case through police discretion by issuing guidance on implementation techniques related to police discretion mechanisms that can be utilized as a basis by the police to provide discretion, administrative governance in the Sectoral Police of Kembaran is expected to be improved so that every criminal case reported will be well recorded, and provide education to the community related to the settlement of criminal case through mediation.

Item Type: Thesis (Bachelor)
Additional Information: Pembimbing: Rahtami Susanti, S.H., M.Hum
Uncontrolled Keywords: Police Discretion, Criminal Case.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: Iin Hayuningtyas
Date Deposited: 26 Sep 2017 00:57
Last Modified: 26 Sep 2017 00:57
URI: http://repository.ump.ac.id/id/eprint/4347

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