IMPLEMENTATION OF POLICE DISCRETION IN CRIMINAL LAW ENFORCEMENT IN ANARCHIC DEMONSTRATIONS

Salwa Ramadhani Siregar, Anajeng Esri Edhi Mahanani
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Abstract

Police discretion is the authority of members of the police to take a policy in certain situations that require their own judgment as long as it does not violate statutory provisions. It aims to guard, maintain order and ensure public security. However, policies issued often raise pros and cons, especially when enforcing criminal law in securing demonstrations. The community considers that the actions taken are a form of hindering the achievement of their aspirations. This condition eventually led to riots during demonstrations which could threaten the safety of the demonstrators, police officers, as well as those at the location of the action. So that in this situation police discretion can be issued to prevent and deal with various threats that occur. This study uses an empirical juridical method, namely direct research conducted by studying the applicable legal rules with real events that occur in society. The results of this study explain related considerations, procedures, to obstacles and efforts made in the application of discretion by members of the police in overcoming anarchic demonstrations
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在无政府示威中实施刑事执法中的警察自由裁量权
警察自由裁量权是指警察在某些需要自己判断的情况下,在不违反法律规定的前提下采取政策的权力。其目的是保卫、维持秩序和确保公共安全。然而,所发布的政策往往有利有弊,特别是在执行刑法以确保示威安全时。社区认为所采取的行动是一种阻碍实现其愿望的形式。这种情况最终导致了示威期间的骚乱,可能会威胁到示威者、警察以及行动现场人员的安全。因此,在这种情况下,警方可以行使自由裁量权,以预防和应对发生的各种威胁。本研究采用实证法学方法,即通过研究适用的法律规则与社会中发生的真实事件进行直接研究。本研究的结果解释了警方成员在运用自由裁量权克服无政府示威时的相关考虑因素、程序、障碍和努力。
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