Decisio: Jurnal Ilmiah Hukum
Vol 2 No 1 (2025): DECISIO

Prinsip Legalitas, Necessitas, dan Proporsionalitas dalam Penggunaan Kekuatan oleh Kepolisian: Studi terhadap Implementasi Perkap No.1 Tahun 2009

I Putu Yogi Revaldi (IBLAM School of Law)
Yasarman Yasarman (IBLAM School of Law)



Article Info

Publish Date
14 Mar 2025

Abstract

The principle of legality, necessity, and proportionality serves as the foundation for the use of force by law enforcement, ensuring that actions taken remain within the boundaries of justice and human rights. The implementation of these principles is regulated under Chief of Police Regulation No. 1 of 2009, yet its application in practice often encounters challenges. Issues such as discrepancies between regulations and field practices, lack of legal comprehension among officers, and weak accountability mechanisms contribute to the ineffectiveness of the regulation. This study examines how these principles are applied in police operations and evaluates the extent to which the existing legal framework ensures proportional and responsible use of force. This research employs a qualitative method with a normative juridical approach, focusing on regulatory analysis and the interpretation of legal norms in practice. Data collection is conducted through an extensive literature review, analyzing primary legal sources, academic journals, and relevant legal literature. Findings reveal that while regulations are comprehensive, gaps in enforcement persist due to insufficient training, limited evaluation mechanisms, and a lack of independent oversight. These challenges create inconsistencies in the application of the principles, occasionally leading to excessive use of force. Strengthening police training programs and legal education is crucial to ensure a proper understanding and application of these legal norms. Additionally, an independent supervisory body is recommended to improve accountability and ensure that law enforcement actions align with legal and human rights principles.

Copyrights © 2025






Journal Info

Abbrev

decisio

Publisher

Subject

Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Other

Description

Decisio: Jurnal Ilmiah Hukum, published by STIH IBLAM, is an open-access scientific journal in the field of law for academics, legal practitioners, and students. The journal focuses on contemporary legal issues and the enforcement of justice. Its scope covers Criminal Law and Criminology, Civil and ...