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All Journal International Journal of Applied Science and Sustainable Development (IJASSD)
Lesza Leonardo Lombok
Program Studi Magister Hukum Pascasarjana Universitas Negeri Manado
Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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THE USE OF POLICE DISCRETION IN INVESTIGATIONS OF CRIME IN THE MINING SECTOR Kadek Agus Surya Darma; Lesza Leonardo Lombok; Feibe Engeline Pijoh
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9452

Abstract

Criminal acts in the mineral mining sector in Indonesia are rife and have become public knowledge. These criminal acts include mining without a mining business permit, data manipulation practices at the exploration stage, mining in protected forest areas, limited production forests and laundering of mining products as well as reclamation and post-mining. The police play a very important role in carrying out law enforcement duties in the environmental sector. Sometimes, because of the lack of environmental knowledge, the police use discretion. Although acting based on the law is basically considered to be contrary to the granting of discretion to the Police, discretion, on the one hand, is considered to eliminate certain predictions regarding the results that will be obtained, but, on the other hand, it also ensures that the principle of legal certainty is maintained, which is wrong an important aspect of law. By using normative legal method, this research aims to find out the reasons behind the police's decision to use discretion in mining criminal cases, and to discover the implementation of Police discretion in the process of investigating criminal acts in the mining sector in Indonesia. The author finds that various factors influence the use of discretion by the Police, including the seriousness of criminal acts, availability of resources, environmental impacts, and the interests of the community and other stakeholders. Based on the context of law enforcement in the mining sector in Indonesia, the implementation of discretion by the Police includes various forms of approaches that are appropriate to the complexity and challenges faced. Several forms of discretion applied by the Police in the process of investigating mining crimes in Indonesia include determining case priorities in handling cases of mining crimes.
POLICE AUTHORITY IN ENVIRONMENTAL POLLUTION CRIMES: THE USE OF DISCRETION IN THE INVESTIGATION PROCESS Lega Ikhwan Herbayu; Lesza Leonardo Lombok; Arthur Novy Tuwaidan
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9458

Abstract

The police as law enforcement officers who are given the authority to carry out inquiries and investigations based on statutory regulations must be able to understand the various problems contained in the Environmental Protection and Management Law. One of the reasons for using discretion in investigating criminal acts in the environmental sector is the lack of PPNS (Civil Servant Investigator) resources in the area where the crime occurred to carry out the investigation. For the sake of effectiveness and efficiency of investigations, Police Investigators take a discretionary policy by carrying out their own investigations by only taking expert information from experts in the environmental field. Therefore, this research aims to find out and analyze the authority of the police in investigating environmental crimes, and to understand and analyze the implementation of police discretion in the process of investigating environmental crimes. Using normative legal method, the author finds that the authority of the Police in investigating environmental crimes is considered to be the same as the authority obtained in the Criminal Procedure Code, with several mechanisms in the the Environmental Protection and Management Law, but with procedures in the provisions of Regulation of the Chief of Police of the Republic of Indonesia. Police discretion in investigating environmental crimes needs to be exercised because it provides flexibility for the police in dealing with various complex and dynamic situations in environmental crimes.
Co-Authors Arthur Novy Tuwaidan Feibe Engeline Pijoh Kadek Agus Surya Darma Lega Ikhwan Herbayu