Estudiante Law Journal
VOL. 8 NO. 1 FEBRUARY 2026

Limitations of Police Discretion In the Settlement of Criminal Cases of Domestic Violence

Rivaldi Abdullah (Faculty of Law, Universitas Negeri Gorontalo)



Article Info

Publish Date
05 Aug 2026

Abstract

This study aims to identify and analyze the Use and Application of Police Discretion in Settlement of Domestic Violence Crimes. Then as one of the efforts to initiate legal determination related to these discretionary limits. This research is classified as normative research with a statute approach and case approach . The results of the study show that the application of police discretion has legality or legal basis according to the Criminal Procedure Code and Law Number 2 of 2002 concerning the Police of the Republic of Indonesia, and is used based on the principles of necessity, duty interests, objectives, and balance. Police discretion is generally limited by the public interest, necessary circumstances, and by laws and codes of ethics. For the settlement of domestic violence crimes, police discretion must be given legal determination regarding the limits, that as a crime the complaint must be victim-oriented, and victims of domestic violence cases must be kept away from so-called peaceful efforts so that the case does not recur.

Copyrights © 2026






Journal Info

Abbrev

eslaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Estudiante Law Journal is a peer reviewed journal published by the Faculty of Law, Universitas Negeri Gorontalo. This journal is published three times every February, July and November of the same year. EsLaw aims to be a scientific and research journal for all legal observers and activists with a ...