Manuscript Title:

JURIDICAL REVIEW OF THE PRINCIPLE OF POLICE COERCION EFFORTS IN JUSTICE-BASED LAW ENFORCEMENT

Author:

KHOLILUR ROCHMAN, RETNO SARASWATI, DEDI PRASETYO

DOI Number:

DOI:10.5281/zenodo.10183596

Published : 2023-11-23

About the author(s)

1. KHOLILUR ROCHMAN - Student of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia.
2. RETNO SARASWATI - Lecturers of Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia.
3. DEDI PRASETYO - Lecturers of Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia.

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Abstract

This study aims to analyze the juridical review of the principle of police coercion in justice-based law enforcement. The research method used is normative juridical. The results of the study show that forced effort comes from the Dutch language "Discretionair" which means wisdom in deciding an action based on provisions of regulations, laws or applicable laws but on the basis of wisdom, consideration or justice. Coercive measures involve decision-making that is not strictly legally bound, in which personal judgment also plays a role. Forced effort is the freedom to choose various steps of action (Caurses of action or inaction). Forced efforts are one of the investigative activities carried out by POLRI investigators, as in Article 15 of the Regulation of the Head of the National Police of the Republic of Indonesia Number 14 of 2012, namely that investigative activities are carried out in stages including; a) Investigation; b) Delivery of Notification Letter of Commencement of Investigation (SPDP); c) Forced efforts; d) examination; e) Case title; f) Settlement of case files; g) Submission of case files to the public prosecutor; h) Delivery of suspects and coals; i) Termination of investigation.


Keywords

Principle, Coercion, Police, Law Enforcement, Justice.