DISKRESI PENYIDIK KEPOLISIAN TERHADAP TINDAK PIDANA YANG DISELESAIKAN DI LUAR PENGADILAN (Suatu Studi Di Polres Konawe)

Abstract

This study aims to: 1). To determine the discretionary actions by investigators to resolve criminal acts outside the court. 2). To determine the factors that influence investigators in exercising discretion. This study was conducted in Konawe Regency, precisely at the Konawe Police, using the type of research, namely empirical normative. The data collection methods used were document studies, field surveys and interviews using qualitative descriptive analysis. Based on the results of the study, it can be seen: 1). Discretionary actions by investigators can resolve criminal cases outside the court, namely: in addition, the implementation of discretion at the Konawe Police Criminal Investigation Unit is carried out by investigators in order to increase the effectiveness and efficiency of the Criminal Justice System, in exercising discretion investigators cannot in all forms of cases can be exercised discretion, however, cases that can be exercised discretionary actions by investigators are classified as a complaint offense and minor crimes, including Articles 302, 352, 364, 373, 379, 482, 315 of the Criminal Code (KUHP). 2). Factors that influence Konawe Police investigators in exercising discretion are: driving factors consisting of: a). internal factors consisting of the substance of legal regulations, instructions from superiors, investigators as law enforcers, the situation during the investigation, b). external factors in discretion by investigators are support from the community. In addition, there are inhibiting factors in discretion, including the still weak law enforcement in Indonesia, financial constraints, certain officers, investigator knowledge, participation of the parties.