THE DISCRETION OF THE POLICE TO ALLEVIATE THE ACT OF ANARCHY IN THE SOCIETY

• Main Author: Joko Rudiantoro
• Format: Article
• Language: English
• Published: Magister Ilmu Hukum Universitas Mataram 2014-12-01
• Series: Jurnal IUS
• Online Access: http://jurnalius.ac.id/ojs/index.php/jurnalIUS/article/view/183

Indonesian Police is a state apparatus that plays a role to maintain public security and order,<br />to enforce the law and to provide protection, assistance, and service to the community in terms<br />of maintaining internal security in accordance with the Article 5 of Act No. 2 of 2002 on the<br />police. Police discretion is an authority given to the police, to take decisions in certain situations<br />that require separate consideration and a matter of moral and located within the boundaries<br />between law and morals. Benchmark for police officers to use discretionary authority in dealing<br />with anarchy in society, is based on statute approach through conceptual approach which is<br />based on (Case Approach) in the field, such as the emergency condition, for the sake of public<br />interest, in terms of self-defending or defending others, and in terms of defending slef-respect or<br />own property.<br />Keywords : Police, Discretion