PELAKSANAAN DISKRESI KEPOLISIAN MELALUI ALTERNATIVE DISPUTE RESOLUTION DI POLSEK BANTUL (Studi Kasus Terhadap Perkara Kekerasan Dalam Rumah Tangga Berupa Kekerasan Fisik)

• Main Authors: , Dina Tsalist Wildana, SHI, , Isharyanto, S.H., M.H
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2012
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/100393/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=56501
• Institution: Universitas Gadjah Mada

The purpose of this study was to determine the legal basis of police discretion to apply through the Alternative Dispute Resolution, the reason the police discretion to apply through the Alternative Dispute Resolution for Domestic Violence cases of physical violence and to determine its application. In the Criminal Procedure Code and Police Act governed the actions of other police discretion. In general discretion to apply a mild case of the criminal threat is no more than three months imprisonment or a fine is liable to a maximum of seven thousand five hundred dollars. The method used is the empirical normative combine theory and its application in the field. This study is descriptive in describing, describe and explain the application of police discretion through the Alternative Dispute Resolution for Domestic Violence cases of physical abuse in police Bantul. The collected data were analyzed qualitatively in order to get the correct data. These results indicate that the basic police discretion to apply through the Alternative Dispute Resolution Act of 1945 mandates the state to protect the whole nation. In this case the police duty to protect people who have discretionary authority. Criminal Procedure Article 5 and 7 on the authority of the investigator and the investigator to do any other act lawfully in charge, Law No. 2 of 2002 Articles 15, 16 and 18. Regulation of the Chief of Police of the Republic of Indonesia No. 7 of 2008 which authorizes the police to resolve the issue through peaceful efforts. National Police Chief Pol and Letter No.: B/3022/XII/2009/SDEOPS who explained that the cases which have been resolved through Alternative Dispute Resolution proceedings so as not to be done next. Police Bantul police discretion in applying through the Alternative Dispute Resolution for Domestic Violence cases of physical violence have considerations other than judicial consideration on the sociological and religious considerations. Application through several initiatives, namely the process, consultation, signing a peace agreement letter, the police action to discontinue the case to the subsequent legal process.