Satriaji Apriyanto Kusuma
Universitas Doktor Husn Ingratubun

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The Exercise of Police Discretionary Power Toward Perpetrators of Minor Crimes Within the Jurisdiction of The Nabire District Police (Polres) Semy B. A. Latunussa; Salesius Jemaru; Satriaji Apriyanto Kusuma
Journal of Social Research Vol. 5 No. 9 (2026): Journal of Social Research
Publisher : International Journal Labs (AHU-0028405-AH.01.14 Tahun 2022)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i9.3395

Abstract

Minor criminal offenses present a challenge for criminal justice systems because strict law enforcement approaches may produce disproportionate consequences while increasing the burden on judicial institutions and correctional facilities. In Indonesia, police discretion has become an important mechanism for balancing legal certainty, the public interest, and restorative justice principles, particularly in resolving minor criminal offenses through mediation and other non-litigation approaches. This study aims to analyze the exercise of police discretionary authority toward perpetrators of minor crimes within the jurisdiction of the Nabire District Police (Polres Nabire) and to identify the factors that support and hinder its application. This study employed an empirical juridical method supported by normative juridical analysis. Data were collected through reviews of laws and regulations, literature reviews, document analysis, observations, and interviews with police officers involved in handling minor criminal cases. The data were analyzed qualitatively by examining the relationship among legal provisions, police practices, and social conditions influencing discretionary decision-making. The findings indicate that police discretion in Nabire has been exercised through restorative justice mechanisms, including mediation, reconciliation, compensation, and community-based settlements, particularly for minor offenses that meet applicable legal requirements. However, its implementation continues to be affected by several obstacles, including victims’ demands for formal punishment, concerns about the potential misuse of authority, limited public understanding, challenges in interpreting regulations, and local security dynamics. The study concludes that police discretion is an essential instrument for achieving proportionate and humane law enforcement, provided that its exercise remains accountable, transparent, and consistent with applicable legal principles and restorative justice values.