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.
Dosen Pembimbing: | unspecified | unspecified |
---|---|
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 S1 |
Depositing User: | Iin Hayuningtyas |
Date Deposited: | 26 Sep 2017 00:57 |
Last Modified: | 11 Nov 2024 02:37 |
URI: | http://repository.ump.ac.id/id/eprint/4347 |
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