<![CDATA[This study examines the authority of discretion as an instrument of law enforcement by the Indonesian National Police within the context of the national legal system. Discretion is understood as a legal policy that allows public officials, including law enforcement officers, to act beyond written normative provisions in certain situations, while still upholding the principles of legality, accountability, and human rights protection. This research employs a normative juridical method with a statutory and conceptual approach, and is analyzed descriptively and qualitatively. Based on Law Number 2 of 2002 concerning the Police, discretion is acknowledged through several provisions, such as Articles 15, 16, and 18, which provide the police with space to take responsible legal actions in maintaining security and public order. The study highlights the importance of legal and ethical boundaries in the exercise of discretion to prevent overreach and avoid abuse of power. Discretion is also described as a response to legal loopholes, normative ambiguities, and emergency situations that demand swift action. The main findings indicate that although discretion is necessary in law enforcement practices, without strict supervision and clear guidelines, it has the potential to result in violations of citizens' constitutional rights. Therefore, the formulation and revision of legal policies, as well as the strengthening of oversight mechanisms, are essential to ensure that the use of police discretion remains within the framework of a democratic rule of law.]]>
Copyrights © 2024
