Legal Review of Police Discretional Authority in Terminating Investigations, Implications for Victims in Searching for Justice and Legal Truth

DOI

10.2991/978-2-38476-315-3_35How to use a DOI?

Keywords

Termination of Investigation; Police Discretion; Pretria

Abstract

Cases that are still under investigation by the police, whether they want to be stopped or whether they want to continue to escalate the case from initial investigation to further investigation, are all within the absolute authority of Police Investigators. No law regulates judicial institutions that can oversee or handle public complaints regarding the termination of victim complaint reports by investigators. This can create or create an oligarchy of power, because of this discretion. Buying and selling and bargaining over cases is very possible, so that the almighty financial factor is no longer strange, truth and justice are just mere jargon, all of this is covered by the oligarchic power of investigators with the mask of discretion they have, without any control function from any party whatsoever. This research is to analyze the legal reasons for stopping public complaint reports at the investigation level by investigators, as well as the legal efforts taken by victims when their complaint reports are stopped by investigators. This research uses Normative, or doctrinal, legal research methods, carried out on written regulations, using data analysis techniques, through a qualitative approach, on the application of laws relating to pretrial institutions, with a theoretical basis regarding pretrial regulations, regarding regulations of the National Police Chief, and Related Police Chief Circular regarding requirements and procedures for terminating an investigation. The case has been stopped at the investigation stage until now there is no judicial institution to oversee it. The use of mass media or the press as social control can help reveal legal facts in trials (judex factie) and can be a means of controlling law enforcement, both in the Police, at the Prosecutor’s Office, and in the Courts. It was concluded that terminating a complaint report that was still in the investigation stage was an absolute authority and was a monopoly of the power of POLRI investigators. There is no judicial institution where people can complain to seek justice against the arbitrary actions of POLRI investigators in stopping public complaints.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Danny Trisno Susetyo
AU  - Hartiwiningsih Hartiwiningsih
AU  - Muhammad Rustamaji
PY  - 2024
DA  - 2024/12/24
TI  - Legal Review of Police Discretional Authority in Terminating Investigations, Implications for Victims in Searching for Justice and Legal Truth
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 252
EP  - 258
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_35
DO  - 10.2991/978-2-38476-315-3_35
ID  - Susetyo2024
ER  -